House Amendment 8635
PAG LIN
1 1 Amend House File 2792 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 <DIVISION I
1 5 STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM
1 6 Section 1. DEPARTMENT OF EDUCATION. There is
1 7 appropriated from the general fund of the state to the
1 8 department of education for the designated fiscal
1 9 years of the fiscal period beginning July 1, 2006, and
1 10 ending June 30, 2009, the following amounts, or so
1 11 much thereof as is necessary, to be used for the
1 12 purposes designated:
1 13 For purposes, as provided in law, of the student
1 14 achievement and teacher quality program established
1 15 pursuant to chapter 284:
1 16 FY 2006=2007...................................... $104,593,894
1 17 FY 2007=2008...................................... $139,593,894
1 18 FY 2008=2009...................................... $174,593,894
1 19 Sec. 2. Section 256.11, Code Supplement 2005, is
1 20 amended by adding the following new subsection:
1 21 NEW SUBSECTION. 9. Beginning July 1, 2006, each
1 22 school district shall have a qualified teacher
1 23 librarian who shall be licensed by the board of
1 24 educational examiners under chapter 272. The state
1 25 board shall establish in rule a definition of and
1 26 standards for an articulated sequential kindergarten
1 27 through grade twelve media program. A school district
1 28 that has entered into a contract with an individual
1 29 for employment as a media specialist or librarian
1 30 during the 2005=2006 school year shall be considered
1 31 to be in compliance with this subsection until the
1 32 individual leaves the employ of the school district.
1 33 Sec. 3. Section 256.11A, Code 2005, is amended to
1 34 read as follows:
1 35 256.11A GUIDANCE PROGRAM TEACHER LIBRARIAN ==
1 36 MEDIA SERVICES PROGRAM == WAIVER.
1 37 1. Schools and school districts unable to meet the
1 38 standard adopted by the state board requiring each
1 39 school or school district operating a kindergarten
1 40 through grade twelve program to provide an articulated
1 41 sequential elementary= secondary guidance program The
1 42 board of directors of a school district may, not later
1 43 than August 1, 1995 2006, for the school year
1 44 beginning July 1, 1995 2006, file a written request to
1 45 the department of education that the department waive
1 46 the requirement for adopted by the state board
1 47 pursuant to section 256.11, subsection 9, that school
1 48 or the school district have a qualified teacher
1 49 librarian. The procedures specified in subsection 3
1 50 apply to the request. Not later than August 1, 1996
2 1 2007, for the school year beginning July 1, 1996 2007,
2 2 the board of directors of a school district or the
2 3 authorities in charge of a nonpublic school may
2 4 request a one=year extension of the waiver.
2 5 2. Not later than August 1, 1995, for the school
2 6 year beginning July 1, 1995, the board of directors of
2 7 a school district, or authorities in charge of a
2 8 nonpublic school, may file a written request with the
2 9 department of education that the department waive the
2 10 rule adopted by the state board to establish and
2 11 operate a media services program to support the total
2 12 curriculum for that district or school. The
2 13 procedures specified in subsection 3 apply to the
2 14 request. Not later than August 1, 1996, for the
2 15 school year beginning July 1, 1996, the board of
2 16 directors of a school district or the authorities in
2 17 charge of a nonpublic school may request an additional
2 18 one=year extension of the waiver.
2 19 3. 2. A request for a waiver filed by the board
2 20 of directors of a school district or authorities in
2 21 charge of a nonpublic school shall describe actions
2 22 being taken by the district or school to meet the
2 23 requirement for which the district or school has
2 24 requested a waiver.
2 25 Sec. 4. Section 256.44, subsection 1, paragraph a,
2 26 Code Supplement 2005, is amended to read as follows:
2 27 a. If a teacher registers for national board for
2 28 professional teaching standards certification prior to
2 29 June 30, 2006 2007, a one=time initial reimbursement
2 30 award in the amount of up to one=half of the
2 31 registration fee paid by the teacher for registration
2 32 for certification by the national board for
2 33 professional teaching standards. The teacher shall
2 34 apply to the department of education within one year
2 35 of registration, submitting to the department any
2 36 documentation the department requires. A teacher who
2 37 receives an initial reimbursement award shall receive
2 38 a one=time final registration award in the amount of
2 39 the remaining national board registration fee paid by
2 40 the teacher if the teacher notifies the department of
2 41 the teacher's certification achievement and submits
2 42 any documentation requested by the department.
2 43 Sec. 5. Section 284.1, unnumbered paragraph 1,
2 44 Code 2005, is amended to read as follows:
2 45 A student achievement and teacher quality program
2 46 is established to promote high student achievement.
2 47 The program shall consist of the following four five
2 48 major elements:
2 49 Sec. 6. Section 284.1, Code 2005, is amended by
2 50 adding the following new subsection:
3 1 NEW SUBSECTION. 5. Evaluation of teachers against
3 2 the Iowa teaching standards.
3 3 Sec. 7. Section 284.2, subsection 1, Code 2005, is
3 4 amended to read as follows:
3 5 1. "Beginning teacher" means an individual serving
3 6 under an initial or intern license, issued by the
3 7 board of educational examiners under chapter 272, who
3 8 is assuming a position as a classroom teacher. For
3 9 purposes of the beginning teacher mentoring and
3 10 induction program created pursuant to section 284.5,
3 11 "beginning teacher" also includes preschool teachers
3 12 who are licensed by the board of educational examiners
3 13 under chapter 272 and are employed by a school
3 14 district or area education agency.
3 15 Sec. 8. Section 284.2, subsection 2, Code 2005, is
3 16 amended by striking the subsection.
3 17 Sec. 9. Section 284.2, subsection 8, Code 2005, is
3 18 amended to read as follows:
3 19 8. "Mentor" means an individual employed by a
3 20 school district or area education agency as a
3 21 classroom teacher or a retired teacher who holds a
3 22 valid license issued under chapter 272. The
3 23 individual must have a record of four years of
3 24 successful teaching practice, must be employed on a
3 25 nonprobationary basis, and must demonstrate
3 26 professional commitment to both the improvement of
3 27 teaching and learning and the development of beginning
3 28 teachers.
3 29 Sec. 10. Section 284.2, subsection 12, Code 2005,
3 30 is amended to read as follows:
3 31 12. "Teacher" means an individual holding a
3 32 practitioner's license issued under chapter 272, who
3 33 is employed in a nonadministrative position as a
3 34 teacher, teacher librarian, media specialist,
3 35 preschool teacher, or counselor by a school district
3 36 or area education agency pursuant to a contract issued
3 37 by a board of directors under section 279.13.
3 38 However, an individual who is employed by an area
3 39 education agency shall only be considered a teacher
3 40 for purposes of this chapter if the individual
3 41 directly delivers instruction to school or school
3 42 district students for fifty percent or more of the
3 43 individual's contracted time. A teacher may be
3 44 employed in both an administrative and a
3 45 nonadministrative position by a board of directors and
3 46 shall be considered a part=time teacher for the
3 47 portion of time that the teacher is employed in a
3 48 nonadministrative position. "Teacher" includes a
3 49 licensed individual employed on a less than full=time
3 50 basis by a school district through a contract between
4 1 the school district and an institution of higher
4 2 education with a practitioner preparation program in
4 3 which the licensed teacher is enrolled.
4 4 Sec. 11. Section 284.4, subsection 1, paragraph e,
4 5 Code Supplement 2005, is amended to read as follows:
4 6 e. Adopt a teacher evaluation plan that, at
4 7 minimum, requires a performance review of teachers in
4 8 the participating district at least once every three
4 9 years based upon the Iowa teaching standards and
4 10 individual career development plans, and requires
4 11 administrators to complete evaluator training in
4 12 accordance with section 284.10.
4 13 Sec. 12. Section 284.5, subsections 1, 3, 4, and
4 14 7, Code Supplement 2005, are amended to read as
4 15 follows:
4 16 1. A beginning teacher mentoring and induction
4 17 program is created to promote excellence in teaching,
4 18 enhance student achievement, build a supportive
4 19 environment within school districts and area education
4 20 agencies, increase the retention of promising
4 21 beginning teachers, and promote the personal and
4 22 professional well=being of classroom teachers.
4 23 3. Each school district and area education agency
4 24 shall provide a beginning teacher mentoring and
4 25 induction program for all classroom teachers who are
4 26 beginning teachers, and notwithstanding section 284.4,
4 27 subsection 1, a school district and an area education
4 28 agency shall be eligible to receive moneys under
4 29 section 284.13, subsection 1, paragraph "b", for
4 30 purposes of implementing a beginning teacher mentoring
4 31 and induction program in accordance with this section.
4 32 4. Each participating school district and area
4 33 education agency shall develop an initial beginning
4 34 teacher mentoring and induction plan. A school
4 35 district shall include its plan in the school
4 36 district's comprehensive school improvement plan
4 37 submitted pursuant to section 256.7, subsection 21.
4 38 The beginning teacher mentoring and induction plan
4 39 shall, at a minimum, provide for a two=year sequence
4 40 of induction program content and activities to support
4 41 the Iowa teaching standards and beginning teacher
4 42 professional and personal needs; mentor training that
4 43 includes, at a minimum, skills of classroom
4 44 demonstration and coaching, and district expectations
4 45 for beginning teacher competence on Iowa teaching
4 46 standards; placement of mentors and beginning
4 47 teachers; the process for dissolving mentor and
4 48 beginning teacher partnerships; district
4 49 organizational support for release time for mentors
4 50 and beginning teachers to plan, provide demonstration
5 1 of classroom practices, observe teaching, and provide
5 2 feedback; structure for mentor selection and
5 3 assignment of mentors to beginning teachers; a
5 4 district facilitator; and program evaluation.
5 5 7. If a beginning teacher who is participating in
5 6 a mentoring and induction program leaves the employ of
5 7 a participating school district or area education
5 8 agency prior to completion of the program, the
5 9 participating school district or area education agency
5 10 subsequently hiring the beginning teacher shall credit
5 11 the beginning teacher with the time earned in the
5 12 program prior to the subsequent hiring.
5 13 Sec. 13. Section 284.6, subsection 1, unnumbered
5 14 paragraph 1, Code 2005, is amended to read as follows:
5 15 The department shall coordinate a statewide network
5 16 of career development for Iowa teachers. A
5 17 participating school district or career development
5 18 provider that offers a career development program in
5 19 accordance with section 256.9, subsection 50, shall
5 20 demonstrate that the program contains the following:
5 21 Sec. 14. Section 284.6, subsections 3 and 4, Code
5 22 2005, are amended to read as follows:
5 23 3. A participating school district shall
5 24 incorporate a district career development plan into
5 25 the district's comprehensive school improvement plan
5 26 submitted to the department in accordance with section
5 27 256.7, subsection 21. The district career development
5 28 plan shall include a description of the means by which
5 29 the school district will provide access to all
5 30 teachers in the district to career development
5 31 programs or offerings that meet the requirements of
5 32 subsection 1. The plan shall align all career
5 33 development with the school district's long=range
5 34 student learning goals and the Iowa teaching
5 35 standards. The plan shall indicate the school
5 36 district's approved career development provider or
5 37 providers.
5 38 4. In cooperation with the teacher's evaluator,
5 39 the career teacher employed by a participating school
5 40 district shall develop an individual teacher career
5 41 development plan. The evaluator shall consult with
5 42 the teacher's supervisor on the development of the
5 43 individual teacher career development plan. The
5 44 purpose of the plan is to promote individual and group
5 45 career development. The individual plan shall be
5 46 based, at minimum, on the needs of the teacher, the
5 47 Iowa teaching standards, and the student achievement
5 48 goals of the attendance center and the school district
5 49 as outlined in the comprehensive school improvement
5 50 plan.
6 1 Sec. 15. Section 284.7, unnumbered paragraph 1,
6 2 Code Supplement 2005, is amended to read as follows:
6 3 To promote continuous improvement in Iowa's quality
6 4 teaching workforce and to give Iowa teachers the
6 5 opportunity for career recognition that reflects the
6 6 various roles teachers play as educational leaders, an
6 7 Iowa teacher career path is established for teachers
6 8 employed by participating school districts. A
6 9 participating school district shall use funding
6 10 allocated under section 284.13, subsection 1,
6 11 paragraph "d" "h", to raise teacher salaries to meet
6 12 the requirements of this section. The Iowa teacher
6 13 career path and salary minimums are as follows:
6 14 Sec. 16. Section 284.7, subsection 1, unnumbered
6 15 paragraph 1, Code Supplement 2005, is amended to read
6 16 as follows:
6 17 Effective July 1, 2001, the The following career
6 18 path levels are established and shall be implemented
6 19 in accordance with this chapter:
6 20 Sec. 17. Section 284.7, subsection 1, paragraph a,
6 21 subparagraph (1), subparagraph subdivisions (a) and
6 22 (b), Code 2005, are amended to read as follows:
6 23 (a) Has successfully completed an approved
6 24 practitioner preparation program as defined in section
6 25 272.1 or holds an intern teacher license issued by the
6 26 board of educational examiners under chapter 272.
6 27 (b) Holds an initial or intern teacher license
6 28 issued by the board of educational examiners.
6 29 Sec. 18. Section 284.7, subsection 1, paragraph a,
6 30 subparagraph (2), Code Supplement 2005, is amended by
6 31 striking the subparagraph and inserting in lieu
6 32 thereof the following:
6 33 (2) Beginning July 1, 2006, the minimum salary for
6 34 a beginning teacher shall be twenty=five thousand five
6 35 hundred dollars.
6 36 Sec. 19. Section 284.7, subsection 1, paragraph b,
6 37 subparagraph (2), Code Supplement 2005, is amended by
6 38 striking the subparagraph and inserting in lieu
6 39 thereof the following:
6 40 (2) Beginning July 1, 2006, the minimum salary for
6 41 a first=year career teacher shall be twenty=six
6 42 thousand five hundred dollars and the minimum salary
6 43 for all other career teachers shall be twenty=seven
6 44 thousand five hundred dollars.
6 45 Sec. 20. Section 284.7, subsection 5, Code
6 46 Supplement 2005, is amended to read as follows:
6 47 5. A teacher employed in a participating district
6 48 shall not receive less compensation in that
6 49 participating district than the teacher received in
6 50 the school year preceding participation, as set forth
7 1 in section 284.4 due to implementation of this
7 2 chapter. A teacher who achieves national board for
7 3 professional teaching standards certification and
7 4 meets the requirements of section 256.44 shall
7 5 continue to receive the award as specified in section
7 6 256.44 in addition to the compensation set forth in
7 7 this section.
7 8 Sec. 21. Section 284.7, subsection 6, paragraphs a
7 9 and b, Code Supplement 2005, are amended to read as
7 10 follows:
7 11 a. If the licensed employees of a school district
7 12 or area education agency receiving funds pursuant to
7 13 section 284.13, subsection 1, paragraph "d" "h" or "e"
7 14 "i", for purposes of this section, are organized under
7 15 chapter 20 for collective bargaining purposes, the
7 16 board of directors and the certified bargaining
7 17 representative for the licensed employees shall
7 18 mutually agree upon a formula for distributing the
7 19 funds among the teachers employed by the school
7 20 district or area education agency. However, the
7 21 school district must comply with the salary minimums
7 22 provided for in this section. The parties shall
7 23 follow the negotiation and bargaining procedures
7 24 specified in chapter 20 except that if the parties
7 25 reach an impasse, neither impasse procedures agreed to
7 26 by the parties nor sections 20.20 through 20.22 shall
7 27 apply and the funds shall be paid as provided in
7 28 paragraph "b". Negotiations under this section are
7 29 subject to the scope of negotiations specified in
7 30 section 20.9. If a board of directors and the
7 31 certified bargaining representative for licensed
7 32 employees have not reached mutual agreement for the
7 33 distribution of funds received pursuant to section
7 34 284.13, subsection 1, paragraph "d" "h" or "e" "i", by
7 35 July 15 of the fiscal year for which the funds are
7 36 distributed, paragraph "b" of this subsection shall
7 37 apply.
7 38 b. If, once the minimum salary requirements of
7 39 this section have been met by the school district or
7 40 area education agency, and the school district or area
7 41 education agency receiving funds pursuant to section
7 42 284.13, subsection 1, paragraph "d" "h" or "e" "i",
7 43 for purposes of this section, and the certified
7 44 bargaining representative for the licensed employees
7 45 have not reached an agreement for distribution of the
7 46 funds remaining, in accordance with paragraph "a", the
7 47 board of directors shall divide the funds remaining
7 48 among full=time teachers employed by the district or
7 49 area education agency whose regular compensation is
7 50 equal to or greater than the minimum career teacher
8 1 salary specified in this section. The payment amount
8 2 for teachers employed on less than a full=time basis
8 3 shall be prorated.
8 4 Sec. 22. Section 284.8, subsection 1, Code 2005,
8 5 is amended to read as follows:
8 6 1. A participating school district shall review a
8 7 teacher's performance at least once every three years
8 8 for purposes of assisting teachers in making
8 9 continuous improvement, documenting continued
8 10 competence in the Iowa teaching standards, identifying
8 11 teachers in need of improvement, or to determine
8 12 whether the teacher's practice meets school district
8 13 expectations for career advancement in accordance with
8 14 section 284.7. The review shall include, at minimum,
8 15 classroom observation of the teacher, the teacher's
8 16 progress, and implementation of the teacher's
8 17 individual career development plan; shall include
8 18 supporting documentation from other evaluators,
8 19 teachers, parents, and students; and may include video
8 20 portfolios as evidence of teaching practices.
8 21 Sec. 23. Section 284.10, subsection 5, Code 2005,
8 22 is amended to read as follows:
8 23 5. By July 1, 2005 2007, the director shall
8 24 develop and implement an evaluator training
8 25 certification renewal program for administrators and
8 26 other practitioners who need to renew a certificate
8 27 issued pursuant to this section.
8 28 Sec. 24. Section 284.11, Code 2005, is amended by
8 29 striking the section and inserting in lieu thereof the
8 30 following:
8 31 284.11 MARKET FACTOR TEACHER SALARIES.
8 32 1. The general assembly finds that Iowa school
8 33 districts need to be more competitive in recruiting
8 34 and retaining talented professionals into the teaching
8 35 profession. To ensure that school districts in all
8 36 areas of the state have the ability to attract highly
8 37 qualified teachers, it is the intent of the general
8 38 assembly to encourage school districts to establish
8 39 teacher compensation opportunities that recognize the
8 40 need for geographic or other locally determined wage
8 41 differentials and provide incentives for traditionally
8 42 hard=to=staff schools and subject=area shortages.
8 43 This section provides for state assistance to allow
8 44 school districts to add a market factor to teacher
8 45 salaries paid by the school districts.
8 46 2. A school district shall be paid annually, from
8 47 moneys allocated for market factor salaries pursuant
8 48 to section 284.13, subsection 1, paragraph "f", an
8 49 amount of state assistance to create market factor
8 50 incentives for classroom teachers in the school
9 1 district. Market factor incentives may include but
9 2 are not limited to improving salaries due to
9 3 geographic differences, recruitment and retention
9 4 needs of the school district in such areas as hard=
9 5 to=staff schools, subject=area shortages, or improving
9 6 the racial or ethnic diversity on local teaching
9 7 staffs. The school district shall have the sole
9 8 discretion to award funds received by the school
9 9 district in accordance with section 284.13, subsection
9 10 1, paragraph "f", to classroom teachers on an annual
9 11 basis. The funds shall supplement, but not supplant,
9 12 wages and salaries paid as a result of a collective
9 13 bargaining agreement reached pursuant to chapter 20 or
9 14 as a result of funds appropriated elsewhere in this
9 15 chapter, in chapter 256D, or in chapter 294A.
9 16 3. The allocations to each school district shall
9 17 be made in one payment on or about October 15 of the
9 18 fiscal year for which the appropriation is made,
9 19 taking into consideration the relative budget and cash
9 20 position of the state resources. Moneys received
9 21 under this section shall not be commingled with state
9 22 aid payments made under section 257.16 to a school
9 23 district and shall be accounted for by the local
9 24 school district separately from state aid payments.
9 25 Payments made to school districts under this section
9 26 are miscellaneous income for purposes of chapter 257.
9 27 A school district shall maintain a separate listing
9 28 within its budget for payments received and
9 29 expenditures made pursuant to this section. A school
9 30 district shall certify to the department of education
9 31 how the school district allocated the funds and that
9 32 moneys received under this section were used to
9 33 supplement, not supplant, the salary the school
9 34 district would otherwise pay the teacher.
9 35 4. The department shall include market factor
9 36 salaries when reporting teacher salaries in the annual
9 37 condition of education report.
9 38 Sec. 25. Section 284.13, subsection 1, Code
9 39 Supplement 2005, is amended to read as follows:
9 40 1. For each fiscal year in which moneys are
9 41 appropriated by the general assembly for purposes of
9 42 the student achievement and teacher quality program,
9 43 the moneys shall be allocated as follows in the
9 44 following priority order:
9 45 a. For each fiscal year of the fiscal year period
9 46 beginning July 1, 2005 2006, and ending June 30, 2006
9 47 2009, to the department of education, the amount of
9 48 two million two hundred fifty thousand dollars for the
9 49 issuance of national board certification awards in
9 50 accordance with section 256.44. Of the amount
10 1 allocated under this paragraph, up to two hundred
10 2 fifty thousand dollars may be used to support the
10 3 implementation of a national board certification
10 4 support program, and not less than eighty=five
10 5 thousand dollars shall be used to administer the
10 6 ambassador to education position in accordance with
10 7 section 256.45.
10 8 b. For the fiscal year beginning July 1, 2005
10 9 2006, and succeeding fiscal years, an amount up to
10 10 four million two six hundred fifty thousand dollars
10 11 for first=year and second=year beginning teachers, to
10 12 the department of education for distribution to school
10 13 districts and area education agencies for purposes of
10 14 the beginning teacher mentoring and induction
10 15 programs. A school district or area education agency
10 16 shall receive one thousand three hundred dollars per
10 17 beginning teacher participating in the program. If
10 18 the funds appropriated for the program are
10 19 insufficient to pay mentors, and school districts, and
10 20 area education agencies as provided in this paragraph,
10 21 the department shall prorate the amount distributed to
10 22 school districts and area education agencies based
10 23 upon the amount appropriated. Moneys received by a
10 24 school district or area education agency pursuant to
10 25 this paragraph shall be expended to provide each
10 26 mentor with an award of five hundred dollars per
10 27 semester, at a minimum, for participation in the
10 28 school district's or area education agency's beginning
10 29 teacher mentoring and induction program; to implement
10 30 the plan; and to pay any applicable costs of the
10 31 employer's share of contributions to federal social
10 32 security and the Iowa public employees' retirement
10 33 system or a pension and annuity retirement system
10 34 established under chapter 294, for such amounts paid
10 35 by the district or area education agency.
10 36 c. For each fiscal year of the fiscal year period
10 37 beginning July 1, 2005 2006, and ending June 30, 2006
10 38 2009, up to four six hundred eighty=five ninety=five
10 39 thousand dollars to the department of education for
10 40 purposes of implementing the career development
10 41 program requirements of section 284.6, the review
10 42 panel requirements of section 284.9, and the evaluator
10 43 training program in section 284.10. From the moneys
10 44 allocated to the department pursuant to this
10 45 paragraph, not less than ten thousand dollars shall be
10 46 distributed to the board of educational examiners for
10 47 purposes of convening an educator licensing review
10 48 working group. From the moneys allocated to the
10 49 department pursuant to this paragraph, not less than
10 50 eighty=five thousand dollars shall be used to
11 1 administer the ambassador to education position in
11 2 accordance with section 256.45. A portion of the
11 3 funds allocated to the department for purposes of this
11 4 paragraph may be used by the department for
11 5 administrative purposes. Notwithstanding section
11 6 8.33, moneys allocated for purposes of this paragraph
11 7 prior to July 1, 2004, which remain unobligated or
11 8 unexpended at the end of the fiscal year for which the
11 9 moneys were appropriated, shall remain available for
11 10 expenditure for the purposes for which they were
11 11 allocated, for the fiscal year beginning July 1, 2004,
11 12 and ending June 30, 2005.
11 13 d. For each fiscal year in which funds are
11 14 appropriated for purposes of this chapter, the moneys
11 15 remaining after distribution as provided in paragraphs
11 16 "a" through "c" and "e" shall be allocated to school
11 17 districts for salaries and career development in
11 18 accordance with the following formula:
11 19 (1) Fifty percent of the allocation shall be in
11 20 the proportion that the basic enrollment of a school
11 21 district bears to the sum of the basic enrollments of
11 22 all school districts in the state for the budget year.
11 23 (2) Fifty percent of the allocation shall be based
11 24 upon the proportion that the number of full=time
11 25 equivalent teachers employed by a school district
11 26 bears to the sum of the number of full=time equivalent
11 27 teachers who are employed by all school districts in
11 28 the state for the base year.
11 29 e. From moneys available under paragraph "d", the
11 30 department shall allocate to area education agencies
11 31 an amount per classroom teacher employed by an area
11 32 education agency that is approximately equivalent to
11 33 the average per teacher amount allocated to the
11 34 districts. The average per teacher amount shall be
11 35 calculated by dividing the total number of classroom
11 36 teachers employed by school districts and the
11 37 classroom teachers employed by area education agencies
11 38 into the total amount of moneys available under
11 39 paragraph "d".
11 40 f. d. For the fiscal year beginning July 1, 2005
11 41 2006, and ending June 30, 2006 2007, up to ten million
11 42 dollars to the department of education for use by
11 43 school districts to add one additional teacher
11 44 contract day to the school calendar. The department
11 45 shall distribute funds allocated for the purpose of
11 46 this paragraph based on the average per diem contract
11 47 salary for each district as reported to the department
11 48 for the school year beginning July 1, 2004 2005,
11 49 multiplied by the total number of full=time equivalent
11 50 teachers in the base year. The department shall
12 1 adjust each district's average per diem salary by the
12 2 allowable growth rate established under section 257.8
12 3 for the fiscal year beginning July 1, 2005 2006. The
12 4 contract salary amount shall be the amount paid for
12 5 their regular responsibilities but shall not include
12 6 pay for extracurricular activities. School districts
12 7 shall distribute funds to teachers based on individual
12 8 teacher per diem amounts. These funds shall not
12 9 supplant existing funding for professional development
12 10 activities. Notwithstanding any provision to the
12 11 contrary, moneys received by a school district under
12 12 this paragraph shall not revert but shall remain
12 13 available for the same purpose in the succeeding
12 14 fiscal year. A school district shall submit a report
12 15 to the department in a manner determined by the
12 16 department describing its use of the funds received
12 17 under this paragraph. The department shall submit a
12 18 report on school district use of the moneys
12 19 distributed pursuant to this paragraph to the
12 20 chairpersons and ranking members of the house and
12 21 senate standing committees on education, the joint
12 22 appropriations subcommittee on education, and the
12 23 legislative services agency not later than January 15,
12 24 2006 2007.
12 25 g. e. For the fiscal year beginning July 1, 2005
12 26 2006, and ending June 30, 2006 2007, up to six million
12 27 six hundred twenty=five thousand dollars to the
12 28 department of education for use by school districts
12 29 for either salaries or professional development, or
12 30 both, as determined by the school district. Funds
12 31 received by a school district for purposes of this
12 32 paragraph shall be distributed using the formula
12 33 provided in paragraph "d" "h" and are subject to the
12 34 provisions of section 284.7, subsection 6. A school
12 35 district shall submit a report to the department in a
12 36 manner determined by the department describing its use
12 37 of the funds received under this paragraph. The
12 38 department shall submit a report on school district
12 39 use of the funds distributed pursuant to this
12 40 paragraph to the chairpersons and ranking members of
12 41 the house and senate standing committees on education,
12 42 the joint appropriations subcommittee on education,
12 43 and the legislative services agency not later than
12 44 January 15, 2006 annually.
12 45 f. For purposes of market factor teacher salaries
12 46 pursuant to section 284.11, the following amounts are
12 47 allocated to the department for the following fiscal
12 48 years:
12 49 (1) For the fiscal year beginning July 1, 2006,
12 50 and ending June 30, 2007, the sum of three million
13 1 three hundred ninety thousand dollars.
13 2 (2) For the fiscal year beginning July 1, 2007,
13 3 and ending June 30, 2008, the sum of seven million
13 4 five hundred thousand dollars.
13 5 (3) For the fiscal year beginning July 1, 2008,
13 6 and ending June 30, 2009, the sum of ten million
13 7 dollars.
13 8 The department shall use the formula set forth in
13 9 paragraph "h" to distribute moneys allocated under
13 10 this paragraph.
13 11 g. For purposes of the pay=for=performance program
13 12 established pursuant to section 284.14, the following
13 13 amounts are allocated to the department of management
13 14 for the following fiscal years:
13 15 (1) For the fiscal year beginning July 1, 2006,
13 16 and ending June 30, 2007, the sum of one million
13 17 dollars. Of the amount allocated under this
13 18 subparagraph, an amount equal to one hundred fifty
13 19 thousand dollars shall be distributed to the institute
13 20 for tomorrow's workforce created pursuant to section
13 21 7K.1 for the activities of the institute.
13 22 (2) For the fiscal year beginning July 1, 2007,
13 23 and ending June 30, 2008, the sum of two million five
13 24 hundred thousand dollars.
13 25 (3) For the fiscal year beginning July 1, 2008,
13 26 and ending June 30, 2009, the sum of five million
13 27 dollars.
13 28 h. For each fiscal year in which funds are
13 29 appropriated for purposes of this chapter, the moneys
13 30 remaining after distribution as provided in paragraphs
13 31 "a" through "g" shall be allocated to school districts
13 32 for salaries and career development in accordance with
13 33 the following formula:
13 34 (1) Fifty percent of the allocation shall be in
13 35 the proportion that the basic enrollment of a school
13 36 district bears to the sum of the basic enrollments of
13 37 all school districts in the state for the budget year.
13 38 (2) Fifty percent of the allocation shall be based
13 39 upon the proportion that the number of full=time
13 40 equivalent teachers employed by a school district
13 41 bears to the sum of the number of full=time equivalent
13 42 teachers who are employed by all school districts in
13 43 the state for the base year.
13 44 i. From moneys available under paragraph "h", the
13 45 department shall allocate to area education agencies
13 46 an amount per classroom teacher employed by an area
13 47 education agency that is approximately equivalent to
13 48 the average per teacher amount allocated to the
13 49 districts. The average per teacher amount shall be
13 50 calculated by dividing the total number of classroom
14 1 teachers employed by school districts and the
14 2 classroom teachers employed by area education agencies
14 3 into the total amount of moneys available under
14 4 paragraph "h".
14 5 h. j. Notwithstanding section 8.33, any moneys
14 6 remaining unencumbered or unobligated from the moneys
14 7 allocated for purposes of paragraph "a", or "b", or
14 8 "c" shall not revert but shall remain available in the
14 9 succeeding fiscal year for expenditure for the
14 10 purposes designated. The provisions of section 8.39
14 11 shall not apply to the funds appropriated pursuant to
14 12 this subsection.
14 13 Sec. 26. Section 284.13, subsection 2, Code
14 14 Supplement 2005, is amended to read as follows:
14 15 2. A school district that is unable to meet the
14 16 provisions of section 284.7, subsection 1, with funds
14 17 allocated pursuant to subsection 1, paragraph "d" "h",
14 18 may request a waiver from the department to use funds
14 19 appropriated under chapter 256D to meet the provisions
14 20 of section 284.7, subsection 1, if the difference
14 21 between the funds allocated to the school district
14 22 pursuant to subsection 1, paragraph "d" "h", and the
14 23 amount required to comply with section 284.7,
14 24 subsection 1, is not less than ten thousand dollars.
14 25 The department shall consider the average class size
14 26 of the school district, the school district's actual
14 27 unspent balance from the preceding year, and the
14 28 school district's current financial position.
14 29 Sec. 27. NEW SECTION. 284.14 PAY=FOR=PERFORMANCE
14 30 PROGRAM.
14 31 1. COMMISSION.
14 32 a. A pay=for=performance commission is established
14 33 to design and implement a pay=for=performance program
14 34 and provide a study relating to teacher and staff
14 35 compensation containing a pay=for=performance
14 36 component. The study shall measure the cost and
14 37 effectiveness in raising student achievement of a
14 38 compensation system that provides financial incentives
14 39 based on student performance. The commission is part
14 40 of the executive branch of government. The
14 41 legislative services agency shall, upon request,
14 42 provide technical and administrative support to the
14 43 commission.
14 44 The commission shall select its own chairperson and
14 45 establish its own rules of procedure. A majority of
14 46 the voting members of the commission shall constitute
14 47 a quorum.
14 48 b. Any vacancy on the commission shall be filled
14 49 by the appropriate appointing authority. Members
14 50 shall receive a per diem. Membership of the
15 1 commission shall be as follows:
15 2 (1) One classroom teacher selected jointly by the
15 3 Iowa state educational association and the
15 4 professional educators of Iowa.
15 5 (2) One principal selected by the school
15 6 administrators of Iowa.
15 7 (3) One private sector representative selected by
15 8 the Iowa business council. This representative must
15 9 meet all of the following qualifications:
15 10 (a) Possess a degree in education and have
15 11 teaching experience.
15 12 (b) Be employed in a business employing at least
15 13 two hundred persons that has an employee performance
15 14 pay program.
15 15 (c) Have served as a school board member.
15 16 (4) One industrial engineer appointed by the
15 17 American society of engineers, who has technical
15 18 knowledge and experience in the design and
15 19 implementation of individual and group
15 20 pay=for=performance incentive programs.
15 21 (5) One small business private sector employer,
15 22 who employs at least fifty people in a targeted
15 23 industry, selected by the governor, who has general
15 24 management experience and top line and bottom line
15 25 responsibilities.
15 26 (6) One professional economist with a doctoral
15 27 degree with experience and knowledge in student
15 28 achievement using test scores to measure student
15 29 progress, selected by the voting members of the
15 30 commission, after they convene.
15 31 (7) One representative from the department of
15 32 education who shall serve as a nonvoting member.
15 33 (8) Two members of the senate and two members of
15 34 the house of representatives who shall serve as
15 35 nonvoting members for two=year terms coinciding with
15 36 the legislative biennium.
15 37 c. Voting members shall serve three=year terms
15 38 except for the terms of the initial members, which
15 39 shall be staggered so that two members' terms expire
15 40 each calendar year. A vacancy in the membership of
15 41 the board shall be filled by appointment by the
15 42 initial appointing authority.
15 43 d. The pay=for=performance commission is not
15 44 subject to the provisions of section 69.16 or 69.16A.
15 45 2. DEVELOPMENT OF PROGRAM. Beginning July 1,
15 46 2006, the commission shall gather sufficient
15 47 information to identify a pay=for=performance program
15 48 based upon student achievement gains and global
15 49 content standards where student achievement gains
15 50 cannot be easily measured. The commission shall
16 1 review pay=for=performance programs in both the public
16 2 and private sector. Based on this information, the
16 3 commission shall design a program utilizing both
16 4 individual and group incentive components. At least
16 5 half of any available funding identified by the
16 6 commission shall be designated for individual
16 7 incentives.
16 8 a. Commencing with the school year beginning July
16 9 1, 2007, the commission shall initiate demonstration
16 10 projects, in selected kindergarten through grade
16 11 twelve schools, to test the effectiveness of the
16 12 pay=for=performance program. The purpose of the
16 13 demonstration projects is to identify the strengths
16 14 and weaknesses of the pay=for=performance program
16 15 design, evaluate cost effectiveness, analyze student
16 16 achievement gains, test assessments, allow thorough
16 17 review of data, and make necessary adjustments before
16 18 implementing the pay=for=performance program
16 19 statewide.
16 20 b. The commission shall select ten school
16 21 districts as demonstration projects. To the extent
16 22 practicable, participants shall represent
16 23 geographically distinct rural, urban, and suburban
16 24 areas of the state. Participants shall provide
16 25 reports or other information as required by the
16 26 commission.
16 27 c. Commencing with the school year beginning July
16 28 1, 2008, the commission shall select twenty additional
16 29 school districts as demonstration projects.
16 30 3. REPORTS AND FINAL STUDY. Based on the
16 31 information generated by the demonstration projects,
16 32 the commission shall prepare an interim report by
16 33 January 15, 2007, followed by interim progress reports
16 34 annually, followed by a final study report analyzing
16 35 the effectiveness of pay=for=performance in raising
16 36 student achievement levels. The final study report
16 37 shall be completed no later than six months after the
16 38 completion of the demonstration projects. The
16 39 commission shall provide copies of the final study
16 40 report to the department of education and to the
16 41 chairpersons and ranking members of the senate and
16 42 house standing committees on education.
16 43 4. STATEWIDE IMPLEMENTATION == REMEDIATION.
16 44 Commencing with the school year beginning July 1,
16 45 2009, the pay=for=performance program shall be
16 46 implemented statewide, notwithstanding the provisions
16 47 of chapters 20 and 279 to the contrary.
16 48 a. The commission, in consultation with the
16 49 department of education, shall develop a system which
16 50 will provide for valid, reliable tracking and
17 1 measuring of enhanced student achievement under the
17 2 pay=for=performance program. Where possible, student
17 3 performance shall be based solely on student
17 4 achievement, objectively measured by academic gains
17 5 made by individual students using valid, reliable, and
17 6 nonsubjective assessment tools such as the dynamic
17 7 indicators of basic early literacy skills (DIBELS),
17 8 the Iowa test of basic skills, or the Iowa test of
17 9 educational development.
17 10 b. The commission shall develop a
17 11 pay=for=performance pay plan for teacher compensation.
17 12 The plan shall establish salary adjustments which vary
17 13 directly with the enhancement of student achievement.
17 14 The plan shall include teacher performance standards
17 15 which identify the following five levels of teacher
17 16 performance with standards to measure each level:
17 17 (1) Superior performance.
17 18 (2) Exceeds expectations.
17 19 (3) Satisfactory.
17 20 (4) Emerging.
17 21 (5) In need of remediation.
17 22 No individual salary adjustments under an
17 23 individual incentive component of a
17 24 pay=for=performance program shall be provided to
17 25 teachers whose students do not demonstrate at least a
17 26 satisfactory level of performance.
17 27 c. The department of education, in conjunction
17 28 with the commission, shall create a teacher
17 29 remediation program to provide counseling and
17 30 assistance for teachers whose students do not
17 31 demonstrate adequate increases in achievement.
17 32 5. STAFFING. The legislative services agency may
17 33 annually use up to fifty thousand dollars of the
17 34 moneys appropriated for the pay=for=performance
17 35 program to provide technical and administrative
17 36 assistance to the commission and monitoring of the
17 37 program. The commission may annually use up to two
17 38 hundred thousand dollars of the moneys appropriated
17 39 for consultation services in coordination with the
17 40 legislative services agency.
17 41 6. IOWA EXCELLENCE FUND. An Iowa excellence fund
17 42 is created within the office of the treasurer of
17 43 state, to be administered by the commission.
17 44 Notwithstanding section 8.33, moneys in the fund that
17 45 remain unencumbered or unobligated at the close of the
17 46 fiscal year shall not revert but shall remain in the
17 47 fund.
17 48 The commission may provide grants from this fund,
17 49 according to criteria developed by the commission, for
17 50 implementation of the pay=for=performance program.
18 1 Sec. 28. NEW SECTION. 284A.1 DEFINITIONS.
18 2 As used in this chapter, unless the context
18 3 otherwise requires:
18 4 1. "Administrator" means an individual holding a
18 5 professional administrator license issued under
18 6 chapter 272, who is employed in a school district
18 7 administrative position by a school district or area
18 8 education agency pursuant to a contract issued by a
18 9 board of directors under section 279.23. An
18 10 administrator may be employed in both an
18 11 administrative and a nonadministrative position by a
18 12 board of directors and shall be considered a part=time
18 13 administrator for the portion of time that the
18 14 individual is employed in an administrative position.
18 15 2. "Beginning administrator" means an individual
18 16 serving under an initial administrator license, issued
18 17 by the board of educational examiners under chapter
18 18 272, who is assuming a position as a school district
18 19 administrator for the first time.
18 20 3. "Department" means the department of education.
18 21 4. "Mentor" means an individual employed by a
18 22 school district or area education agency as a school
18 23 district administrator or a retired administrator who
18 24 holds a valid license issued under chapter 272. The
18 25 individual must have a record of four years of
18 26 successful administrative experience and must
18 27 demonstrate professional commitment to both the
18 28 improvement of teaching and learning and the
18 29 development of beginning administrators.
18 30 5. "School board" means the board of directors of
18 31 a school district or a collaboration of boards of
18 32 directors of school districts.
18 33 6. "State board" means the state board of
18 34 education.
18 35 Sec. 29. NEW SECTION. 284A.2 BEGINNING
18 36 ADMINISTRATOR MENTORING AND INDUCTION PROGRAM.
18 37 1. A beginning administrator mentoring and
18 38 induction program is created to promote excellence in
18 39 school leadership, improve classroom instruction,
18 40 enhance student achievement, build a supportive
18 41 environment within school districts, increase the
18 42 retention of promising school leaders, and promote the
18 43 personal and professional well=being of
18 44 administrators.
18 45 2. The department, in collaboration with other
18 46 educational partners, shall develop a model beginning
18 47 administrator mentoring and induction program for all
18 48 beginning administrators.
18 49 3. Each school board shall establish an
18 50 administrator mentoring program for all beginning
19 1 administrators. The school board may adopt the model
19 2 program developed by the department pursuant to
19 3 subsection 2. Each school board's beginning
19 4 administrator mentoring and induction program shall,
19 5 at a minimum, provide for one year of programming.
19 6 Each school board shall develop an initial beginning
19 7 administrator mentoring and induction plan. The plan
19 8 shall describe the mentor selection process, describe
19 9 supports for beginning administrators, describe
19 10 program organizational and collaborative structures,
19 11 provide a budget, provide for sustainability of the
19 12 program, and provide for program evaluation. The
19 13 school board employing an administrator shall
19 14 determine the conditions and requirements of an
19 15 administrator participating in a program established
19 16 pursuant to this section. A school board shall
19 17 include its plan in the school district's
19 18 comprehensive school improvement plan submitted
19 19 pursuant to section 256.7, subsection 21.
19 20 4. By the end of a beginning administrator's
19 21 second year of employment, the beginning administrator
19 22 may be comprehensively evaluated at the discretion of
19 23 the school board.
19 24 Sec. 30. NEW SECTION. 284A.3 PROGRAM
19 25 APPROPRIATION.
19 26 1. For each fiscal year in which moneys are
19 27 appropriated by the general assembly for purposes of
19 28 the administrator quality program, an amount up to two
19 29 hundred fifty thousand dollars shall be allocated to
19 30 the department for purposes of the beginning
19 31 administrator mentoring and induction program.
19 32 2. For the fiscal year beginning July 1, 2006, and
19 33 each succeeding fiscal year, there is appropriated
19 34 from the general fund of the state to the department
19 35 of education the sum of two hundred fifty thousand
19 36 dollars for purposes of administering the beginning
19 37 administrator mentoring and induction program
19 38 established pursuant to this chapter.
19 39 3. A school district shall receive one thousand
19 40 three hundred dollars per beginning administrator
19 41 participating in the program. If the funds
19 42 appropriated for the program are insufficient to pay
19 43 mentors and school districts as provided in this
19 44 subsection, the department shall prorate the amount
19 45 distributed to school districts based upon the amount
19 46 appropriated. Moneys received by a school district
19 47 pursuant to this subsection shall be expended to
19 48 provide each mentor with an award of five hundred
19 49 dollars per semester, at a minimum, for participation
19 50 in the school district's beginning administrator
20 1 mentoring and induction program; to implement the
20 2 plan; and to pay any applicable costs of the
20 3 employer's share of contributions to federal social
20 4 security and the Iowa public employees' retirement
20 5 system or a pension and annuity retirement system
20 6 established under chapter 294, for such amounts paid
20 7 by the district.
20 8 4. Notwithstanding section 8.33, any moneys
20 9 remaining unobligated or unexpended from the moneys
20 10 appropriated under subsection 1 shall not revert, but
20 11 shall remain available in the succeeding fiscal year
20 12 for expenditure for the purposes designated. The
20 13 provisions of section 8.39 shall not apply to the
20 14 funds appropriated pursuant to this section.
20 15 Sec. 31. INSTITUTE FOR TOMORROW'S WORKFORCE ==
20 16 IOWA EDUCATION EFFICIENCY AND IMPROVEMENT PLAN. The
20 17 institute for tomorrow's workforce shall develop an
20 18 Iowa education efficiency and improvement plan, the
20 19 goal of which is to establish a new educational
20 20 delivery system. In developing the plan, the
20 21 institute shall address issues concerning the
20 22 alignment of school districts, area education
20 23 agencies, public postsecondary institutions, and the
20 24 department of education, focusing on specific
20 25 quantitative and qualitative indicators, management,
20 26 governance, services, boundaries, infrastructure and
20 27 efficiencies, and administrative efficiencies. The
20 28 institute shall submit the plan and any
20 29 recommendations for changes to state law and
20 30 administrative rules to the general assembly, the
20 31 governor, and the department of education by January
20 32 15, 2007. The plan shall be implemented by the
20 33 general assembly and the governor unless rejected by
20 34 the general assembly and the governor by June 30,
20 35 2007.
20 36 Sec. 32. STATE MANDATE FUNDING SPECIFIED. In
20 37 accordance with section 25B.2, subsection 3, the state
20 38 cost of requiring compliance with any state mandate
20 39 included in this Act shall be paid by a school
20 40 district from state school foundation aid received by
20 41 the school district under section 257.16. This
20 42 specification of the payment of the state cost shall
20 43 be deemed to meet all the state funding=related
20 44 requirements of section 25B.2, subsection 3, and no
20 45 additional state funding shall be necessary for the
20 46 full implementation of this Act by and enforcement of
20 47 this Act against all affected school districts.
20 48
20 49 DIVISION II
20 50 EDUCATION POLICY
21 1 DEPARTMENT OF EDUCATION
21 2 Sec. 33. There is appropriated from the general
21 3 fund of the state to the department of education for
21 4 the fiscal year beginning July 1, 2006, and ending
21 5 June 30, 2007, the following amount, or so much
21 6 thereof as is necessary, to be used for the purpose
21 7 designated:
21 8 To assist school districts with the implementation
21 9 of statewide graduation requirements as provided in
21 10 division III of this Act:
21 11 .................................................. $ 130,000
21 12 DIVISION III
21 13 MISCELLANEOUS EDUCATION PROVISIONS>.
21 14 #2. Title page, line 1, by inserting after the
21 15 word <Act> the following: <relating to education
21 16 finances, including the funding of, operation of, and
21 17 appropriation of moneys to the department of
21 18 education, the department of management, and the state
21 19 board of regents, and>.
21 20 #3. By renumbering as necessary.
21 21
21 22
21 23
21 24 CHAMBERS of O'Brien
21 25 HF 2792.505 81
21 26 kh/je/5436
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