Senate File 423 S-3074 Amend Senate File 423 as follows: 1 1. Page 46, after line 27 by inserting: 2 < DIVISION ___ 3 PRACTITIONER STAFFING REDUCTION PROVISIONS 4 Sec. ___. Section 279.13, subsection 1, paragraph 5 a, Code 2013, is amended to read as follows: 6 a. Contracts with teachers, which for the purpose 7 of this section means all licensed employees of a 8 school district and nurses employed by the board, 9 excluding superintendents, assistant superintendents, 10 principals, and assistant principals, shall be in 11 writing and shall state the number of contract days, 12 the annual compensation to be paid, and any other 13 matters as may be mutually agreed upon. The contract 14 may include employment for a term not exceeding the 15 ensuing school year, except as otherwise authorized. 16 Notwithstanding any contrary provision of law, neither 17 the employees represented by the employee organization 18 who are teachers or principals licensed under chapter 19 272, nor the employing school district or area 20 education agency shall include procedures for staff 21 reduction in the scope of negotiations. The board 22 shall not consider seniority or academic degrees or 23 other credentials when determining compensation or an 24 increase in compensation for a teacher, or when making 25 retention, promotion, dismissal, reduction-in-force, 26 or other staffing decisions; provided, that nothing in 27 this paragraph prohibits cost-of-living adjustments 28 tied in whole or in part to prior compensation levels. 29 Differentiation in teacher compensation levels may be 30 based on whether the teacher’s performance evaluation 31 determines the teacher is a highly effective teacher 32 and the teacher teaches in a high-demand subject area 33 or has a hard-to-staff assignment. 34 Sec. ___. Section 279.14, Code 2013, is amended to 35 read as follows: 36 279.14 Evaluation criteria and procedures. 37 1. Evaluation criteria and procedures. The board 38 shall establish evaluation criteria and shall implement 39 evaluation procedures. If an exclusive bargaining 40 representative has been certified, the board shall 41 negotiate in good faith with respect to evaluation 42 procedures pursuant to chapter 20 . 43 2. Standards of performance. The determination 44 of standards of performance expected of school 45 district personnel shall be reserved as an exclusive 46 management right of the school board and shall not 47 be subject to mandatory negotiations under chapter 48 20 . Notwithstanding chapter 20 , objections to the 49 procedures, use, or content of an evaluation in a 50 -1- SF423.1168 (3) 85 kh/rj 1/ 5 #1.

teacher termination proceeding brought before the 1 school board in a hearing held in accordance with 2 section 279.16 or 279.27 shall not be subject to the 3 grievance procedures negotiated in accordance with 4 chapter 20 . A school district shall not be obligated 5 to process any evaluation grievance after service of a 6 notice and recommendation to terminate an individual’s 7 continuing teaching contract in accordance with this 8 chapter . 9 3. Use of evaluations. Notwithstanding any 10 provision of law to the contrary, the board shall 11 base decisions regarding significant differentiation 12 in salary, retention, promotion, dismissal, and 13 other staffing decisions including but not limited to 14 transfers, placements, and preferences in the event 15 of reductions in force, primarily on the results 16 of annual performance evaluations for teachers and 17 principals. Each teacher and principal contract issued 18 pursuant to this chapter and each collective bargaining 19 agreement negotiated under chapter 20 shall authorize 20 use of evaluation results as a basis for the decisions 21 described in this subsection. Evaluation results shall 22 also be used to provide high-quality, individualized 23 supports and professional development for teachers and 24 principals. 25 Sec. ___. Section 279.27, Code 2013, is amended to 26 read as follows: 27 279.27 Discharge of teacher —— reduction in force . 28 1. Discharge. A teacher may be discharged at any 29 time during the contract year for just cause. The 30 superintendent or the superintendent’s designee, shall 31 notify the teacher immediately that the superintendent 32 will recommend in writing to the board at a regular 33 or special meeting of the board held not more than 34 fifteen days after notification has been given to the 35 teacher that the teacher’s continuing contract be 36 terminated effective immediately following a decision 37 of the board. The procedure for dismissal shall 38 be as provided in section 279.15, subsection 2 , and 39 sections 279.16 to 279.19 . The superintendent may 40 suspend a teacher under this section pending hearing 41 and determination by the board. 42 2. Reduction-in-force criteria. Notwithstanding 43 any provision of law to the contrary, a board shall 44 not adopt or implement a policy that permits length of 45 service to serve as the primary factor when conducting 46 layoffs or a reduction in force. The board shall 47 instead utilize a system that considers demonstrated 48 teacher effectiveness in advancing student achievement 49 as the primary factor when conducting a reduction 50 -2- SF423.1168 (3) 85 kh/rj 2/ 5

in force. In the event that an approved evaluation 1 system has not been implemented, the board may adopt an 2 interim policy for layoffs or reduction in force that 3 is based on the following considerations: 4 a. Individual performance shall be weighted as 5 the most significant consideration, at not less than 6 seventy percent, in a layoff or reduction-in-force 7 decision. Individual performance shall include 8 evidence of increased student achievement, demonstrated 9 pedagogical skill, and preparation to maximize 10 instructional time as assessed by a principal, 11 administrator, or peer evaluator. 12 b. Any record of misconduct, criminal conduct, or 13 excessive unexcused absences in a teacher’s personnel 14 file. 15 c. Significant, relevant contributions to the 16 effectiveness of the school and its professional 17 staff, including but not limited to creation and 18 implementation of a tutoring program and creation of a 19 school enrichment program. 20 d. Relevant special training, certifications, and 21 licenses unless otherwise prohibited under section 22 279.13, subsection 1. 23 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 24 of this Act, being deemed of immediate importance, 25 takes effect upon enactment. 26 Sec. ___. APPLICABILITY. This division of this Act 27 applies immediately upon enactment and notwithstanding 28 any provision of law to the contrary, any provision of 29 a collective bargaining agreement negotiated by the 30 board of directors of a school district under chapter 31 20, or any rule or policy established by the board of 32 directors of a school district, that is contrary to the 33 provisions of this division of this Act is void. > 34 2. By renumbering as necessary. 35 ______________________________ JAKE CHAPMAN ______________________________ MARK CHELGREN ______________________________ RICK BERTRAND -3- SF423.1168 (3) 85 kh/rj 3/ 5 #2.

______________________________ NANCY J. BOETTGER ______________________________ DAN ZUMBACH ______________________________ MARK SEGEBART ______________________________ BILL DIX ______________________________ JACK WHITVER ______________________________ MICHAEL BREITBACH ______________________________ TIM KAPUCIAN ______________________________ JERRY BEHN ______________________________ JONI ERNST ______________________________ DAVID JOHNSON ______________________________ CHARLES SCHNEIDER ______________________________ SANDRA H. GREINER ______________________________ DENNIS GUTH -4- SF423.1168 (3) 85 kh/rj 4/ 5