Text: SF02128                           Text: SF02130
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Bills and Amendments: General Index     Bill History: General Index

Senate File 2129

Partial Bill History

Bill Introduced: S.J. 210
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 256.18, subsection 2, Code 2001, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 258.17, subsection 4, Code 2001, is
  1  4 amended to read as follows:
  1  5    4.  Each workstart program shall include a written
  1  6 agreement by the school or school district with one or more
  1  7 businesses from the surrounding community to provide
  1  8 workplace-specific training and learning programs which are
  1  9 related to the skills needed to succeed in those occupational
  1 10 areas.  The proposed plan for implementation of the workstart
  1 11 program shall include a copy of the written agreement between
  1 12 the school or school district and the business or businesses
  1 13 and a business support component, which shall consist of
  1 14 financial or in-kind support, or both financial and in-kind
  1 15 support, from the businesses that have entered into the
  1 16 agreement with the school or school district.  The plan may
  1 17 provide for the utilization of phase III and other available
  1 18 school funds in the establishment of the program.  A workstart
  1 19 program is a comprehensive school transformation program under
  1 20 section 294A.14.
  1 21    Sec. 3.  Section 294A.1, subsection 3, Code 2001, is
  1 22 amended to read as follows:
  1 23    3.  Phase III – The enhancement of the quality and
  1 24 effectiveness of teachers through the utilization of
  1 25 performance pay career development.
  1 26    Sec. 4.  Section 294A.12, Code 2001, is amended to read as
  1 27 follows:
  1 28    294A.12  GOAL.
  1 29    1.  The goal of phase III is to enhance the quality,
  1 30 effectiveness, and performance of Iowa's teachers by promoting
  1 31 teacher excellence.  This will be accomplished through the
  1 32 development and implementation of performance-based pay plans
  1 33 and supplemental pay teacher career development plans
  1 34 requiring additional instructional work assignments which may
  1 35 include specialized training or differential training, or both
  2  1 that align with student learning and teacher development needs
  2  2 in order to achieve attendance center and district-wide
  2  3 student achievement goals outlined in the district
  2  4 comprehensive school improvement plan submitted in accordance
  2  5 with section 256.7, subsection 21; with the individual teacher
  2  6 career development plan developed in accordance with section
  2  7 284.6 if the district is participating in the student
  2  8 achievement and teacher quality program; and with area
  2  9 education agency achievement goals outlined in plans submitted
  2 10 as provided in section 294A.16.
  2 11    2.  It is the intent of the general assembly that school
  2 12 districts and area education agencies incorporate into their
  2 13 planning for performance-based pay plans and supplemental pay
  2 14 plans, implementation of recommendations from recently issued
  2 15 national and state reports relating to the requirements of the
  2 16 educational system for meeting future educational needs,
  2 17 especially as they relate to the preparation, working
  2 18 conditions, and responsibilities of teachers, including but
  2 19 not limited to assistance to new teachers, development of
  2 20 teachers as instructional leaders in their schools and school
  2 21 districts, using teachers for evaluation and diagnosis of
  2 22 other teachers' techniques, and the implementation of
  2 23 sabbatical leaves.  It is also the intent of the general
  2 24 assembly that a performance-based pay plan and supplemental
  2 25 pay plan submitted by a district include a parent involvement
  2 26 policy designed to increase student achievement and self-
  2 27 esteem by bringing home and school into closer relationship
  2 28 and that provides methods by which parents and teachers may
  2 29 cooperate intelligently in the education of children.  It is
  2 30 further the intent of the general assembly that real and
  2 31 fundamental change in the educational system must emerge from
  2 32 the school site if the education system is to remain relevant
  2 33 and that plans funded in this program must be an integral part
  2 34 of a comprehensive school district or area education agency
  2 35 effort toward meeting identified district or agency goals or
  3  1 needs, and meeting teachers' career development goals if
  3  2 developed in accordance with section 284.6.
  3  3    Sec. 5.  Section 294A.13, Code 2001, is amended to read as
  3  4 follows:
  3  5    294A.13  PHASE III PROGRAM.
  3  6    For the school year beginning July 1, 1987 2002, and
  3  7 succeeding school years, each school district and area
  3  8 education agency that meets the requirements of this division
  3  9 is eligible to receive moneys for the implementation under
  3 10 phase III of a performance-based pay plan or supplemental pay
  3 11 plan, or a combination of the two teacher career development
  3 12 plans as provided in section 294A.12, subsection 1, and
  3 13 section 294A.16.
  3 14    Sec. 6.  Section 294A.14, Code Supplement 2001, is amended
  3 15 to read as follows:
  3 16    294A.14  PHASE III PAYMENTS.
  3 17    1.  For each fiscal year, the department shall allocate the
  3 18 remainder of the moneys appropriated by the general assembly
  3 19 to the fund for phase III, subject to section 294A.18 294A.25,
  3 20 subsection 7.  If fifty million dollars is allocated for phase
  3 21 III, the payments for an approved plan for a school district
  3 22 shall be equal to the product of a district's certified
  3 23 enrollment and ninety-eight dollars and sixty-three cents, and
  3 24 for an area education agency shall be equal to the product of
  3 25 an area education agency's enrollment served and four dollars
  3 26 and sixty cents.  If the moneys allocated for phase III are
  3 27 either greater than or less than fifty million dollars, the
  3 28 department of education shall adjust the amount for each
  3 29 student in certified enrollment and each student in enrollment
  3 30 served based upon the amount allocated for phase III.
  3 31    2.  If a school district has discontinued grades under
  3 32 section 282.7, subsection 1, or students attend school in
  3 33 another school district, under an agreement with the board of
  3 34 the other school district, the board of directors of the
  3 35 district of residence either shall transmit the phase III
  4  1 moneys allocated to the district for those students based upon
  4  2 the full-time equivalent attendance of those students to the
  4  3 board of the school district of attendance of the students or
  4  4 shall transmit to the board of the school district of
  4  5 attendance of the students a portion of the phase III moneys
  4  6 allocated to the district of residence based upon an agreement
  4  7 between the board of the resident district and the board of
  4  8 the district of attendance.
  4  9    3.  A teacher career development plan shall be developed
  4 10 using the procedure specified under in accordance with section
  4 11 294A.15.  The plan shall provide for the establishment of a
  4 12 performance-based pay plan, a supplemental pay plan, a
  4 13 combination of the two pay plans, or comprehensive school
  4 14 transformation programs, and 294A.12, subsection 1, or section
  4 15 294A.16 shall include a budget for the cost of implementing
  4 16 the plan.  In addition to the costs of providing additional
  4 17 salary for teachers and the amount required to pay the
  4 18 employers' share of the federal social security and Iowa
  4 19 public employees' retirement system, or a pension and annuity
  4 20 retirement system established under chapter 294, and payments
  4 21 on the additional salary, the budget may include costs
  4 22 associated with providing specialized or general training.
  4 23 Moneys received under phase III shall not be used to employ
  4 24 additional employees of a school district, except that phase
  4 25 III moneys may be used to employ substitute teachers, part-
  4 26 time teachers, and other employees needed to implement plans
  4 27 that provide innovative staffing patterns, or require that a
  4 28 teacher employed on a full-time basis be absent from the
  4 29 classroom for specified periods for fulfilling other
  4 30 instructional duties or to participate on a peer review team
  4 31 or in peer coaching efforts.  However, all teachers employed
  4 32 are eligible to receive additional salary under an approved
  4 33 plan.
  4 34    For the purpose of this section, a performance-based pay
  4 35 plan shall provide for salary increases for teachers who
  5  1 demonstrate superior performance in completing assigned
  5  2 duties.  The plan shall include the method used to determine
  5  3 superior performance of a teacher.  For school districts, the
  5  4 plan may include assessments of teaching performance,
  5  5 assessments of student performance, assessments of other
  5  6 characteristics associated with effective teaching, or a
  5  7 combination of these criteria.
  5  8    For school districts, a performance-based pay plan may
  5  9 provide for additional salary for individual teachers, for
  5 10 teachers assigned to a specific discipline, or for all
  5 11 teachers assigned to an attendance center.  For area education
  5 12 agencies, a performance-based pay plan may provide for
  5 13 additional salary for individual teachers, for additional
  5 14 salary for all teachers assigned to a specific discipline
  5 15 within an area education agency, or for additional salary for
  5 16 individual teachers assigned to a multidisciplinary team
  5 17 within an area education agency.  If the plan provides
  5 18 additional salary for all teachers assigned to an attendance
  5 19 center, specific discipline, or multidisciplinary team, the
  5 20 receipt of additional salary by those teachers shall be
  5 21 determined on the basis of whether that attendance center,
  5 22 specific discipline, or multidisciplinary team meets specific
  5 23 objectives adopted for that attendance center, specific
  5 24 discipline, or multidisciplinary team.  For school districts,
  5 25 the objectives may include, but are not limited to, decreasing
  5 26 the dropout rate, increasing the attendance rate, or
  5 27 accelerating the achievement growth of students enrolled in
  5 28 that attendance center through the use of learning techniques
  5 29 that may include, but are not limited to, reading instruction
  5 30 in phonics or whole language techniques.
  5 31    If a performance-based pay plan provides additional salary
  5 32 for individual teachers:
  5 33    1.  The plan may provide for salary moneys in addition to
  5 34 the existing salary schedule of the school district or area
  5 35 education agency and may require the participation by the
  6  1 teacher in specialized training requirements.
  6  2    2.  The plan may provide for salary moneys by replacing the
  6  3 existing salary schedule or as an option to the existing
  6  4 salary schedule and may include specialized training
  6  5 requirements, general training requirements, and experience
  6  6 requirements.
  6  7    A supplemental pay plan may provide for supplementing the
  6  8 costs of vocational agriculture programs as provided in
  6  9 section 294A.17.
  6 10    For the purpose of this section, a supplemental pay plan in
  6 11 a school district shall provide for the payment of additional
  6 12 salary to teachers who participate in either additional
  6 13 instructional work assignments or specialized training during
  6 14 the regular school day or during an extended school day,
  6 15 school week, or school year.  A supplemental pay plan in an
  6 16 area education agency shall provide for the payment of
  6 17 additional salary to teachers who participate in either
  6 18 additional work assignments or improvement of instruction
  6 19 activities with school districts during the regular school day
  6 20 or during an extended school day, school week, or school year.
  6 21    For school districts, additional instructional work
  6 22 assignments may include but are not limited to general
  6 23 curriculum planning and development, vertical articulation of
  6 24 curriculum, horizontal curriculum coordination, development of
  6 25 educational measurement practices for the school district,
  6 26 participation in assessment activities leading to
  6 27 certification by the national board for professional teaching
  6 28 standards, attendance at workshops and other programs for
  6 29 service as cooperating teachers for student teachers,
  6 30 development of plans for assisting beginning teachers during
  6 31 their first year of teaching, attendance at summer staff
  6 32 development programs, development of staff development
  6 33 programs for other teachers to be presented during the school
  6 34 year, participation in family support programs, development of
  6 35 programs which provide instruction in conflict resolution and
  7  1 mediation techniques for staff and students, development of
  7  2 anger management instructional programs for students, and
  7  3 other plans locally determined in the manner specified in
  7  4 section 294A.15 and approved by the department of education
  7  5 under section 294A.16 that are of equal importance or more
  7  6 appropriately meet the educational needs of the school
  7  7 district.
  7  8    For area education agencies, additional instructional work
  7  9 assignments may include but are not limited to providing
  7 10 assistance and support to school districts in general
  7 11 curriculum planning and development, providing assistance to
  7 12 school districts in vertical articulation of curriculum and
  7 13 horizontal curriculum coordination, development of educational
  7 14 measurement practices for school districts in the area
  7 15 education agency, development of plans for assisting beginning
  7 16 teachers during their first year of teaching, attendance or
  7 17 instruction at summer staff development programs, development
  7 18 of staff development programs for school district teachers to
  7 19 be presented during the school year, participation in family
  7 20 support programs, development of staff development programs
  7 21 which provide instruction in conflict resolution and mediation
  7 22 techniques, assisting school district teachers in the
  7 23 development of anger management instructional programs for
  7 24 students, and other plans determined in the manner specified
  7 25 in section 294A.15 and approved by the department of education
  7 26 under section 294A.16 that are of equal importance or more
  7 27 appropriately meet the educational needs of the area education
  7 28 agency.
  7 29    Any summer school program, for which the teacher's salary
  7 30 is paid or supplemented under a supplemental pay plan, shall
  7 31 be open to nonpublic school students in the manner provided in
  7 32 section 256.12.
  7 33    For purposes of this section, "comprehensive school
  7 34 transformation" means activities which focus on the
  7 35 improvement of student achievement and the attainment of
  8  1 student achievement goals under section 280.12.  A
  8  2 comprehensive school transformation plan submitted by a school
  8  3 district shall demonstrate the manner in which the components
  8  4 of the plan are integrated with a school's student achievement
  8  5 goals.  Components of the plan may include, but are not
  8  6 limited to, providing salary increases to teachers who
  8  7 implement site-based shared decision making, building-based
  8  8 goal-oriented compensation mechanism, or approved innovative
  8  9 educational programs; who focus on student outcomes; who
  8 10 direct accountability for student achievement or
  8 11 accountability for organizational success; and who work to
  8 12 foster relationships between a school and businesses or public
  8 13 agencies which provide health and social services.
  8 14    Sec. 7.  Section 294A.16, Code 2001, is amended to read as
  8 15 follows:
  8 16    294A.16  PLAN – MONEYS.
  8 17    1.  A plan adopted by the board of directors of a school
  8 18 district or area education agency shall be submitted to the
  8 19 department of education not later than May 31 of a school year
  8 20 for that school year for a school district, and not later than
  8 21 June 15 of a school year for that school year for an area
  8 22 education agency.  Amendments to multiple year plans may be
  8 23 submitted annually.  Each area education agency shall annually
  8 24 develop a plan, or amend an existing plan as needed, to assist
  8 25 in meeting their teacher career development needs as set forth
  8 26 in comprehensive school improvement plans submitted by the
  8 27 districts in accordance with section 256.7, subsection 21.
  8 28 The plan shall describe how the area education agency intends
  8 29 to support school districts with staff development and
  8 30 training.  The department shall approve each plan or plan
  8 31 modification prior to the disbursement of funds.
  8 32    2.  If a school district uses teachers under a contract
  8 33 between the district and the area education agency in which
  8 34 the district is located and both the school district and the
  8 35 area education agency have approved phase III plans, the
  9  1 school district shall transmit to the employing area education
  9  2 agency a portion of its phase III moneys based upon the
  9  3 portion that the salaries of teachers employed by the area
  9  4 education agency and assigned to the school district for the
  9  5 school year bears to the total teacher salaries paid in the
  9  6 district for that school year, including the salaries of the
  9  7 teachers employed by the area education agency.  If the area
  9  8 education agency has an approved phase III plan and the school
  9  9 district does not, the department of management shall transmit
  9 10 phase III moneys to the area education agency for those
  9 11 teachers from the phase III money that would have been paid to
  9 12 the school district if the school district had had an approved
  9 13 phase III plan using the formula that would have been used if
  9 14 the school district had had an approved phase III plan.
  9 15    3.  The department of education shall review each plan and
  9 16 its budget and notify the department of management of the
  9 17 names of school districts and area education agencies with
  9 18 approved plans.  In considering the approval of a plan
  9 19 submitted by a school district, the department shall give
  9 20 emphasis to plans which include a comprehensive school
  9 21 transformation plan or which include a component which is part
  9 22 of a statewide systemic school transformation initiative.  In
  9 23 considering the approval of a plan submitted by an area
  9 24 education agency, the department shall give emphasis to plans
  9 25 which are integrated with and supportive of the comprehensive
  9 26 school transformation plans submitted by the school districts
  9 27 within the area education agency.
  9 28    A school district or area education agency, which receives
  9 29 money for a school year for an approved phase III plan, may
  9 30 retain up to fifty percent of the moneys allocated to the
  9 31 district or area education agency for the next succeeding
  9 32 school year, in order to continue the approved plan.  Any of
  9 33 the retained phase III moneys remaining in the district or
  9 34 area education agency account after the second year of the
  9 35 plan shall revert to the general fund of the state as provided
 10  1 in section 8.33.
 10  2    Any moneys allocated or retained for an approved phase III
 10  3 plan, and any interest accrued on the moneys, shall not be
 10  4 commingled with state aid payments made, under sections 257.16
 10  5 and 257.35, to a school district or area education agency and
 10  6 shall be accounted for by the school district or area
 10  7 education agency separately from state aid payment accounts A
 10  8 school district or area education agency shall maintain a
 10  9 separate listing within its budget for payments received and
 10 10 expenditures made pursuant to this division.
 10 11    Sec. 8.  Section 294A.19, Code 2001, is amended to read as
 10 12 follows:
 10 13    294A.19  REPORTS – LIMIT ON CHARGING.
 10 14    1.  Each school district, as a component of its
 10 15 comprehensive school improvement plan, and each area education
 10 16 agency receiving moneys for phase III during a school year
 10 17 shall file a report with the department of education.  School
 10 18 district reports shall be filed by July 1 of the next
 10 19 following school year, and area Area education agency reports
 10 20 shall be filed by September 1 of the next following school
 10 21 year.  The report shall describe the plan, its objectives, its
 10 22 implementation, the expenditures made under the plan including
 10 23 the salary increases paid to each eligible employee, and the
 10 24 extent to which its objectives were attained.  The report may
 10 25 include any proposed amendments to the plan for the next
 10 26 following school year.
 10 27    Annually, by November 1, the department shall summarize the
 10 28 information contained in the phase III reports filed by the
 10 29 school districts and area education agencies.  The summary
 10 30 shall contain information including the numbers of districts
 10 31 and area education agencies that have implemented a
 10 32 performance-based pay plan, a supplemental pay plan, a
 10 33 combination of a performance-based and supplemental pay plan,
 10 34 and the number of districts and area education agencies that
 10 35 have established comprehensive school transformation programs.
 11  1 The summary shall highlight and briefly describe innovative
 11  2 and successful uses of phase III funds that have had a
 11  3 positive effect on student achievement within the district as
 11  4 measured by means of a widely recognized educational
 11  5 assessment tool or test.  The department, in conjunction with
 11  6 the legislative fiscal bureau, shall identify additional items
 11  7 to be reported.  Copies of the annual summary shall be
 11  8 submitted to each school district, the general assembly, and
 11  9 the legislative fiscal bureau by December 1.
 11 10    School districts and area education agencies shall not
 11 11 charge other school districts or area education agencies for
 11 12 plans or information about innovative phase III plans that
 11 13 they have developed.
 11 14    Sec. 9.  Section 294A.22, unnumbered paragraph 3, Code
 11 15 2001, is amended to read as follows:
 11 16    Payments made to a teacher by a school district or area
 11 17 education agency under this chapter are wages for the purposes
 11 18 of chapter 91A except for payments made under an approved
 11 19 phase III plan where a modified payment plan has either been
 11 20 mutually agreed upon by the board of directors and the
 11 21 certified bargaining representative for certificated employees
 11 22 or for a district that is not organized for collective
 11 23 bargaining purposes where a modified payment plan is adopted
 11 24 by the board.
 11 25    Sec. 10.  Sections 294A.15, 294A.17, 294A.18, and 294A.20,
 11 26 Code 2001, are repealed.  
 11 27                           EXPLANATION
 11 28    This bill strikes Code language that establishes phase III
 11 29 of the educational excellence program as a performance-based
 11 30 or supplemental pay plan for teachers and provides that phase
 11 31 III be used instead for teacher career development purposes.
 11 32 Language struck from the Code includes provisions permitting
 11 33 the use of phase III funds in the establishment of the
 11 34 character education pilot program, workstart programs, and for
 11 35 comprehensive school transformation programs.
 12  1    Under the bill, the phase III goal of enhancing the
 12  2 quality, effectiveness, and performance of Iowa's teachers by
 12  3 promoting teacher excellence will be accomplished through the
 12  4 development and implementation of teacher career development
 12  5 plans that align with student learning and teacher development
 12  6 needs outlined in the district's comprehensive school
 12  7 improvement plan and with the individual teacher career
 12  8 development plan a teacher must develop if employed by a
 12  9 district that is participating in the student achievement and
 12 10 teacher quality program.
 12 11    The bill requires each area education agency to develop a
 12 12 plan to assist school districts in meeting their career
 12 13 development needs.  Each area education agency must describe
 12 14 how the agency intends to support school districts with staff
 12 15 development and training.  The department shall approve each
 12 16 plan prior to the disbursement of phase III funds to the
 12 17 agency.
 12 18    The bill requires that each school district include in its
 12 19 comprehensive school improvement plan a report that describes
 12 20 the plan, its objectives and implementation, the expenditures
 12 21 made under the plan, and the extent to which its objectives
 12 22 were maintained.  Area education agencies must also file a
 12 23 report describing their plans to the department annually by
 12 24 September 1 of the next following school year.
 12 25    The bill repeals Code sections related to the establishment
 12 26 of a committee to develop phase III plans, a supplemental pay
 12 27 plan for supplementing the costs of vocational agriculture
 12 28 programs, determination of phase III allocations, and the
 12 29 reversion of phase III moneys to the general fund.  
 12 30 LSB 6310XS 79
 12 31 kh/cf/24

Text: SF02128                           Text: SF02130
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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