Senate File 277 



                                       SENATE FILE       
                                       BY  COMMITTEE ON EDUCATION

                                       (SUCCESSOR TO SSB 1118)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the state's educational standards regarding
  2    teacher librarians and qualified guidance counselors, and to
  3    teacher and administrator quality, including the student
  4    achievement and teacher quality program and an administrator
  5    quality program, making appropriations, and providing an
  6    effective date.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 1227SV 82
  9 kh/gg/14

PAG LIN



  1  1    Section 1.  Section 256.7, subsection 25, Code 2007, is
  1  2 amended to read as follows:
  1  3    25.  Adopt rules establishing standards for school district
  1  4 and area education agency career professional development
  1  5 programs and for individual teacher career professional
  1  6 development plans in accordance with section 284.6.
  1  7    Sec. 2.  Section 256.7, Code 2007, is amended by adding the
  1  8 following new subsection:
  1  9    NEW SUBSECTION.  27.  Adopt by rule the Iowa standards for
  1 10 school administrators, including the knowledge and skill
  1 11 criteria developed by the director in accordance with section
  1 12 256.9, subsection 55.
  1 13    Sec. 3.  Section 256.9, Code 2007, is amended by adding the
  1 14 following new subsection:
  1 15    NEW SUBSECTION.  55.  Develop Iowa standards for school
  1 16 administrators, including knowledge and skill criteria, and
  1 17 develop, based on the Iowa standards for administrators,
  1 18 mentoring and induction, evaluation processes, and career
  1 19 development plans pursuant to chapter 284A.  The criteria
  1 20 shall further define the characteristics of quality
  1 21 administrators as established by the Iowa standards for school
  1 22 administrators.
  1 23    Sec. 4.  Section 256.11, Code 2007, is amended by adding
  1 24 the following new subsections:
  1 25    NEW SUBSECTION.  9A.  Beginning July 1, 2007, each school
  1 26 district shall have a qualified guidance counselor who shall
  1 27 be licensed by the board of educational examiners under
  1 28 chapter 272.  Each school district shall work toward the goal
  1 29 of having one qualified guidance counselor for every three
  1 30 hundred fifty students enrolled in the school district.  The
  1 31 state board shall establish in rule a definition of and
  1 32 standards for an articulated sequential kindergarten through
  1 33 grade twelve guidance and counseling program.
  1 34    NEW SUBSECTION.  9B.  Beginning July 1, 2007, each school
  1 35 district shall have a school nurse to provide health services
  2  1 to its students.  For purposes of this subsection, "school
  2  2 nurse" means a person who holds an endorsement or a statement
  2  3 of professional recognition for school nurses issued by the
  2  4 board of educational examiners under chapter 272.
  2  5    Sec. 5.  Section 256.11A, subsection 1, Code 2007, is
  2  6 amended to read as follows:
  2  7    1.  The board of directors of a school district may, not
  2  8 later than August 1, 2006, for the current school year
  2  9 beginning July 1, 2006, file a written request to the
  2 10 department of education that for the department to waive the
  2 11 requirement adopted by the state board pursuant to section
  2 12 256.11, subsection 9, that the school district have a
  2 13 qualified teacher librarian, the requirement adopted by the
  2 14 state board pursuant to section 256.11, subsection 9A, that
  2 15 the school district have a qualified guidance counselor, or
  2 16 the requirement adopted by the state board pursuant to section
  2 17 256.11, subsection 9B, that the school district have not less
  2 18 than one school nurse.  The procedures specified in subsection
  2 19 2 apply to the request.  Not later than August 1, 2007, for of
  2 20 the following school year beginning July 1, 2007, for that
  2 21 following school year, the board of directors of a school
  2 22 district may request a one=year extension of the waiver.  A
  2 23 school district cannot request a waiver of a requirement under
  2 24 section 256.11, subsection 9, 9A, or 9B, if it met the
  2 25 requirements of section 256.11, subsection 9, 9A, or 9B, as
  2 26 applicable, in the previous school year.
  2 27    Sec. 6.  Section 257.31, subsection 5, Code 2007, is
  2 28 amended by adding the following new paragraph:
  2 29    NEW PARAGRAPH.  m.  The addition of one or more teacher
  2 30 librarians pursuant to section 256.11, subsection 9, or one or
  2 31 more guidance counselors pursuant to section 256.11,
  2 32 subsection 9A.
  2 33    Sec. 7.  Section 272.9A, Code 2007, is amended by striking
  2 34 the section and inserting in lieu thereof the following:
  2 35    272.9A  ADMINISTRATOR LICENSES.
  3  1    1.  Beginning July 1, 2007, requirements for administrator
  3  2 licensure beyond an initial license shall include completion
  3  3 of a beginning administrator mentoring and induction program
  3  4 provided by the department pursuant to section 284A.2,
  3  5 subsection 2, as amended in this Act, and demonstration of
  3  6 competence on the administrator standards adopted pursuant to
  3  7 section 284A.3.
  3  8    2.  The board shall adopt rules for administrator licensure
  3  9 renewal that include credit for individual administrator
  3 10 career development plans developed in accordance with section
  3 11 284A.6.
  3 12    3.  An administrator formerly employed by an accredited
  3 13 nonpublic school or formerly employed as an administrator in
  3 14 another state or country is exempt from the mentoring and
  3 15 induction requirement under subsection 1 if the administrator
  3 16 can document two years of successful administrator experience
  3 17 and meet or exceed the requirements contained in rules adopted
  3 18 pursuant to this chapter for endorsement and licensure.
  3 19 However, if an administrator cannot document two years of
  3 20 successful administrator experience when hired by a school
  3 21 district, the administrator shall meet the requirements of
  3 22 subsection 1.
  3 23    Sec. 8.  Section 284.1, subsection 4, Code 2007, is amended
  3 24 by striking the subsection.
  3 25    Sec. 9.  Section 284.2, subsection 9, Code 2007, is amended
  3 26 to read as follows:
  3 27    9.  "School board" means the board of directors of a school
  3 28 district, or a collaboration of boards of directors of school
  3 29 districts, or the board of directors of an area education
  3 30 agency, as the context requires.
  3 31    Sec. 10.  Section 284.2, subsection 11, Code 2007, is
  3 32 amended to read as follows:
  3 33    11.  "Teacher" means an individual holding who holds a
  3 34 practitioner's license issued under chapter 272, or who holds
  3 35 a practitioner's license with a school nurse endorsement or a
  4  1 statement of professional recognition for school nurses issued
  4  2 under chapter 272, who is employed in a nonadministrative
  4  3 position as a teacher, teacher librarian, preschool teacher,
  4  4 or counselor by a school district or area education agency
  4  5 pursuant to a contract issued by a board of directors under
  4  6 section 279.13.  A teacher may be employed in both an
  4  7 administrative and a nonadministrative position by a board of
  4  8 directors and shall be considered a part=time teacher for the
  4  9 portion of time that the teacher is employed in a
  4 10 nonadministrative position.  "Teacher" includes a licensed
  4 11 individual employed on a less than full=time basis by a school
  4 12 district through a contract between the school district and an
  4 13 institution of higher education with a practitioner
  4 14 preparation program in which the licensed teacher is enrolled.
  4 15    Sec. 11.  Section 284.3, subsection 2, paragraph b, Code
  4 16 2007, is amended to read as follows:
  4 17    b.  By July 1, 2005, for For purposes of performance
  4 18 reviews for teachers other than beginning teachers,
  4 19 evaluations that contain, at a minimum, the Iowa teaching
  4 20 standards specified in subsection 1, as well as the criteria
  4 21 for the Iowa teaching standards developed by the department in
  4 22 accordance with section 256.9, subsection 50.  A local school
  4 23 board and its certified bargaining representative may
  4 24 negotiate, pursuant to chapter 20, additional teaching
  4 25 standards and criteria.  A local school board and its
  4 26 certified bargaining representative may shall negotiate,
  4 27 pursuant to chapter 20, evaluation and grievance procedures
  4 28 for teachers other than beginning teachers that are not in
  4 29 conflict with this chapter.
  4 30    Sec. 12.  Section 284.4, subsection 1, unnumbered paragraph
  4 31 1, Code 2007, is amended to read as follows:
  4 32    A school district or area education agency is eligible to
  4 33 receive moneys appropriated for purposes specified in this
  4 34 chapter if the school board applies to the department to
  4 35 participate in the student achievement and teacher quality
  5  1 program and submits a written statement declaring the school
  5  2 district's or agency's willingness to do all of the following:
  5  3    Sec. 13.  Section 284.4, subsection 1, paragraph c, Code
  5  4 2007, is amended by striking the paragraph and inserting in
  5  5 lieu thereof the following:
  5  6    c.  Create a teacher quality committee.  The committee
  5  7 shall have equal representation of administrators and
  5  8 teachers.  The teacher members shall be appointed by the
  5  9 certified employee organization if one exists, and if not, by
  5 10 the school district's or agency's administration.  The
  5 11 administrator members shall be appointed by the school board.
  5 12 The committee shall do all of the following:
  5 13    (1)  Monitor the implementation of the requirements of
  5 14 statutes and administrative code provisions relating to this
  5 15 chapter, including requirements that affect any agreement
  5 16 negotiated pursuant to chapter 20.
  5 17    (2)  Monitor the evaluation requirements of this chapter to
  5 18 ensure evaluations are conducted in a fair and consistent
  5 19 manner throughout the school district or agency.  In addition
  5 20 to any negotiated evaluation procedures, develop model
  5 21 evidence for the Iowa teaching standards and criteria.  The
  5 22 model evidence will minimize paperwork and focus on teacher
  5 23 improvement.  The model evidence will determine which
  5 24 standards and criteria can be met with observation and which
  5 25 evidence meets multiple standards and criteria.
  5 26    (3)  Make recommendations, upon consideration of the Iowa
  5 27 professional development model, on the use and distribution of
  5 28 professional development funds distributed to the school
  5 29 district or agency.
  5 30    (4)  Monitor the professional development in each
  5 31 attendance center to ensure that the professional development
  5 32 meets school district or agency, attendance center, and
  5 33 individual professional development plans.
  5 34    (5)  Ensure the agreement negotiated pursuant to chapter 20
  5 35 determines the compensation for teachers on the committee for
  6  1 work responsibilities required beyond the normal work day.
  6  2    Sec. 14.  Section 284.4, subsection 1, paragraphs d and e,
  6  3 Code 2007, are amended to read as follows:
  6  4    d.  Adopt school district, attendance center, and teacher
  6  5 career professional development plans in accordance with this
  6  6 chapter.
  6  7    e.  Adopt a teacher evaluation plan that, at minimum,
  6  8 requires a performance review of teachers in the district at
  6  9 least once every three years based upon the Iowa teaching
  6 10 standards and individual career professional development
  6 11 plans, and requires administrators to complete evaluator
  6 12 training in accordance with section 284.10.
  6 13    Sec. 15.  Section 284.4, subsection 1, paragraph g, Code
  6 14 2007, is amended by striking the paragraph.
  6 15    Sec. 16.  Section 284.6, subsection 1, unnumbered paragraph
  6 16 1, Code 2007, is amended to read as follows:
  6 17    The department shall coordinate a statewide network of
  6 18 career professional development for Iowa teachers.  A school
  6 19 district or career professional development provider that
  6 20 offers a career professional development program in accordance
  6 21 with section 256.9, subsection 50, shall demonstrate that the
  6 22 program contains the following:
  6 23    Sec. 17.  Section 284.6, subsection 1, paragraph a, Code
  6 24 2007, is amended to read as follows:
  6 25    a.  Support that meets the career professional development
  6 26 needs of individual teachers and is aligned with the Iowa
  6 27 teaching standards.
  6 28    Sec. 18.  Section 284.6, subsections 2 through 6, Code
  6 29 2007, are amended to read as follows:
  6 30    2.  The department shall identify models of career
  6 31 professional development practices that produce evidence of
  6 32 the link between teacher training and improved student
  6 33 learning.
  6 34    3.  A school district shall incorporate a district career
  6 35 professional development plan into the district's
  7  1 comprehensive school improvement plan submitted to the
  7  2 department in accordance with section 256.7, subsection 21.
  7  3 The district career professional development plan shall
  7  4 include a description of the means by which the school
  7  5 district will provide access to all teachers in the district
  7  6 to career professional development programs or offerings that
  7  7 meet the requirements of subsection 1.  The plan shall align
  7  8 all career professional development with the school district's
  7  9 long=range student learning goals and the Iowa teaching
  7 10 standards.  The plan shall indicate the school district's
  7 11 approved career professional development provider or
  7 12 providers.  The plan shall include the use and distribution of
  7 13 the professional development funds in accordance with the
  7 14 negotiated agreement as provided in subsection 8.
  7 15    4.  In cooperation with the teacher's evaluator, the career
  7 16 teacher employed by a school district shall develop an
  7 17 individual teacher career professional development plan.  The
  7 18 evaluator shall consult with the teacher's supervisor on the
  7 19 development of the individual teacher career professional
  7 20 development plan.  The purpose of the plan is to promote
  7 21 individual and group career professional development.  The
  7 22 individual plan shall be based, at minimum, on the needs of
  7 23 the teacher, the Iowa teaching standards, and the student
  7 24 achievement goals of the attendance center and the school
  7 25 district as outlined in the comprehensive school improvement
  7 26 plan.  The individual plan shall include goals for the
  7 27 individual which are beyond those required under the
  7 28 attendance center professional development plan developed
  7 29 pursuant to subsection 7.
  7 30    5.  The teacher's evaluator shall annually meet with the
  7 31 teacher to review progress in meeting the goals in the
  7 32 teacher's individual plan.  The teacher shall present to the
  7 33 evaluator evidence of progress.  The purpose of the meeting
  7 34 shall be to review the teacher's progress in meeting career
  7 35 professional development goals in the plan and to review
  8  1 collaborative work with other staff on student achievement
  8  2 goals and to modify as necessary the teacher's individual plan
  8  3 to reflect the individual teacher's and the school district's
  8  4 needs and the individual's progress in meeting the goals in
  8  5 the plan.  The teacher's supervisor and the evaluator shall
  8  6 review, modify, or accept modifications made to the teacher's
  8  7 individual plan.
  8  8    6.  School districts, a consortium of school districts,
  8  9 area education agencies, higher education institutions, and
  8 10 other public or private entities including professional
  8 11 associations may be approved by the state board to provide
  8 12 teacher career professional development.  The career
  8 13 professional development program or offering shall, at
  8 14 minimum, meet the requirements of subsection 1.  The state
  8 15 board shall adopt rules for the approval of career
  8 16 professional development providers and standards for the
  8 17 district career development plan.
  8 18    Sec. 19.  Section 284.6, Code 2007, is amended by adding
  8 19 the following new subsections:
  8 20    NEW SUBSECTION.  7.  Each attendance center shall develop
  8 21 an attendance center professional development plan.  The
  8 22 purpose of the plan is to promote group professional
  8 23 development.  The attendance center plan shall be based, at a
  8 24 minimum, on the needs of the teachers, the Iowa teaching
  8 25 standards, district professional development plans, and the
  8 26 student achievement goals of the attendance center and the
  8 27 school district as set forth in the comprehensive school
  8 28 improvement plan.
  8 29    NEW SUBSECTION.  8.  For each year in which a school
  8 30 district receives funds allocated for distribution to school
  8 31 districts for professional development pursuant to section
  8 32 284.13, subsection 1, paragraph "d", the school district shall
  8 33 create quality professional development opportunities.  If the
  8 34 licensed employees of the school district are organized under
  8 35 chapter 20 for collective bargaining purposes, the use and
  9  1 distribution of the funds received shall be determined by the
  9  2 collective bargaining agreement negotiated under chapter 20 by
  9  3 the school board and its certified bargaining representative.
  9  4 The use of the funds is limited to providing professional
  9  5 development to teachers, including additional salaries for
  9  6 time beyond the normal negotiated agreement, pay for
  9  7 substitute teachers, professional development materials,
  9  8 speakers, professional development content, and costs
  9  9 associated with implementing the individual professional
  9 10 development plans.  The use of the funds shall be balanced
  9 11 between school district, attendance center, and individual
  9 12 professional development plans, making every reasonable effort
  9 13 to provide equal access to all teachers.
  9 14    NEW SUBSECTION.  9.  The distribution of funds allocated
  9 15 for professional development pursuant to section 284.13,
  9 16 subsection 1, paragraph "d", shall be made in one payment on
  9 17 or about October 15 of the fiscal year for which the
  9 18 appropriation is made, taking into consideration the relative
  9 19 budget and cash position of the state resources.  Moneys
  9 20 received pursuant to section 284.13, subsection 1, paragraph
  9 21 "d", shall not be commingled with state aid payments made
  9 22 under section 257.16 to a school district, shall be accounted
  9 23 for by the local school district separately from state aid
  9 24 payments, and are miscellaneous income for purposes of chapter
  9 25 257.  A school district shall maintain a separate listing
  9 26 within its budget for funds received and expenditures made
  9 27 pursuant to this subsection.  A school district shall certify
  9 28 to the department of education how the school district
  9 29 allocated the funds and that moneys received under this
  9 30 subsection were used to supplement, not supplant, the
  9 31 professional development opportunities the school district
  9 32 would otherwise make available.
  9 33    NEW SUBSECTION.  10.  If funds are allocated for purposes
  9 34 of professional development pursuant to section 284.13,
  9 35 subsection 1, paragraph "e", the department shall, in
 10  1 collaboration with the area education agencies, establish
 10  2 teacher development academies for school=based teams of
 10  3 teachers and instructional leaders.  Each academy shall
 10  4 include an institute and shall provide follow=up training and
 10  5 coaching.
 10  6    Sec. 20.  Section 284.7, subsection 1, paragraph a,
 10  7 subparagraph (2), Code 2007, is amended to read as follows:
 10  8    (2)  Beginning July 1, 2006 2007, the minimum salary for a
 10  9 beginning teacher shall be twenty=five twenty=six thousand
 10 10 five hundred dollars.
 10 11    Sec. 21.  Section 284.7, subsection 1, paragraph b,
 10 12 subparagraph (1), subparagraph subdivision (d), Code 2007, is
 10 13 amended to read as follows:
 10 14    (d)  Participates in teacher career professional
 10 15 development as set forth in this chapter and demonstrates
 10 16 continuous improvement in teaching.
 10 17    Sec. 22.  Section 284.7, subsection 1, paragraph b,
 10 18 subparagraph (2), Code 2007, is amended to read as follows:
 10 19    (2)  Beginning July 1, 2006 2007, the minimum salary for a
 10 20 first=year career teacher shall be twenty=six twenty=seven
 10 21 thousand five hundred dollars and the minimum salary for all
 10 22 other career teachers shall be twenty=seven twenty=eight
 10 23 thousand five hundred dollars.
 10 24    Sec. 23.  Section 284.7, subsection 2, paragraph b,
 10 25 subparagraph (1), subparagraph subdivision (c), Code 2007, is
 10 26 amended to read as follows:
 10 27    (c)  Participates in teacher career professional
 10 28 development as outlined in this chapter and demonstrates
 10 29 continuous improvement in teaching.
 10 30    Sec. 24.  Section 284.7, subsection 4, Code 2007, is
 10 31 amended by striking the subsection.
 10 32    Sec. 25.  Section 284.7, subsection 6, paragraphs a and b,
 10 33 Code 2007, are amended to read as follows:
 10 34    a.  If the licensed employees of a school district or area
 10 35 education agency receiving funds pursuant to section 284.13,
 11  1 subsection 1, paragraph "h" or "i", for purposes of this
 11  2 section, are organized under chapter 20 for collective
 11  3 bargaining purposes, the board of directors and the certified
 11  4 bargaining representative for the licensed employees shall
 11  5 mutually agree upon a formula for distributing the funds among
 11  6 the teachers employed by the school district or area education
 11  7 agency.  However, the school district must comply with the
 11  8 salary minimums provided for in this section.  The parties
 11  9 shall follow the negotiation and bargaining procedures
 11 10 specified in chapter 20 except that if the parties reach an
 11 11 impasse, neither impasse procedures agreed to by the parties
 11 12 nor sections 20.20 through 20.22 shall apply and the funds
 11 13 shall be paid as provided in paragraph "b".  Negotiations
 11 14 under this section are subject to the scope of negotiations
 11 15 specified in section 20.9.  If a board of directors and the
 11 16 certified bargaining representative for licensed employees
 11 17 have not reached mutual agreement for the distribution of
 11 18 funds received pursuant to section 284.13, subsection 1,
 11 19 paragraph "h" or "i", by July September 15 of the fiscal year
 11 20 for which the funds are distributed, paragraph "b" of this
 11 21 subsection shall apply.
 11 22    b.  If, once the minimum salary requirements of this
 11 23 section have been met by the school district or area education
 11 24 agency, and the school district or area education agency
 11 25 receiving funds pursuant to section 284.13, subsection 1,
 11 26 paragraph "h" or "i", for purposes of this section, and the
 11 27 certified bargaining representative for the licensed employees
 11 28 have not reached an agreement for distribution of the funds
 11 29 remaining, in accordance with paragraph "a", the board of
 11 30 directors shall divide the funds remaining among full=time
 11 31 teachers employed by the district or area education agency
 11 32 whose regular compensation is equal to or greater than the
 11 33 minimum career teacher salary specified in this section.  The
 11 34 payment amount for teachers employed on less than a full=time
 11 35 basis shall be prorated.
 12  1    Sec. 26.  Section 284.7, subsection 6, Code 2007, is
 12  2 amended by adding the following new paragraph:
 12  3    NEW PARAGRAPH.  d.  For the school year beginning July 1,
 12  4 2008, if the licensed employees of a school district or area
 12  5 education agency receiving funds pursuant to section 284.13,
 12  6 subsection 1, paragraph "h" or "i", for purposes of this
 12  7 section, are organized under chapter 20 for collective
 12  8 bargaining purposes, the school board and the certified
 12  9 bargaining representative for the licensed employees shall
 12 10 negotiate a formula for distributing the funds among the
 12 11 teachers employed by the school district or area education
 12 12 agency according to chapter 20.  Paragraphs "a" and "b" shall
 12 13 apply to any increases in the funds provided above the base
 12 14 year.
 12 15    Sec. 27.  Section 284.8, subsections 1 and 2, Code 2007,
 12 16 are amended to read as follows:
 12 17    1.  A school district shall review a teacher's performance
 12 18 at least once every three years for purposes of assisting
 12 19 teachers in making continuous improvement, documenting
 12 20 continued competence in the Iowa teaching standards,
 12 21 identifying teachers in need of improvement, or to determine
 12 22 whether the teacher's practice meets school district
 12 23 expectations for career advancement in accordance with section
 12 24 284.7.  The review shall include, at minimum, classroom
 12 25 observation of the teacher, the teacher's progress, and
 12 26 implementation of the teacher's individual career professional
 12 27 development plan, subject to the level of funding provided to
 12 28 implement the plan; and shall include supporting documentation
 12 29 from other evaluators, teachers, parents, and students; and
 12 30 may include video portfolios as evidence of teaching
 12 31 practices.
 12 32    2.  If a supervisor or an evaluator determines, at any
 12 33 time, as a result of a teacher's performance that the teacher
 12 34 is not meeting district expectations under the Iowa teaching
 12 35 standards specified in section 284.3, subsection 1, paragraphs
 13  1 "a" through "g" "h", the criteria for the Iowa teaching
 13  2 standards developed by the department in accordance with
 13  3 section 256.9, subsection 50, and any other standards or
 13  4 criteria established in the collective bargaining agreement,
 13  5 the evaluator shall, at the direction of the teacher's
 13  6 supervisor, recommend to the district that the teacher
 13  7 participate in an intensive assistance program.  The intensive
 13  8 assistance program and its implementation are not subject to
 13  9 negotiation or grievance procedures established pursuant to
 13 10 chapter 20.  By July 1, 2005, all All school districts must
 13 11 shall be prepared to offer an intensive assistance program.
 13 12    Sec. 28.  Section 284.8, Code 2007, is amended by adding
 13 13 the following new subsection:
 13 14    NEW SUBSECTION.  4.  Until given an opportunity to
 13 15 participate in an intensive assistance program, a teacher
 13 16 shall not suffer any adverse employment consequences for not
 13 17 meeting the standards and criteria specified in subsection 3.
 13 18    Sec. 29.  Section 284.11, Code 2007, is amended to read as
 13 19 follows:
 13 20    284.11  MARKET FACTOR TEACHER SALARIES INCENTIVES.
 13 21    1.  The general assembly finds that Iowa school districts
 13 22 need to be more competitive in recruiting and retaining
 13 23 talented professionals into the teaching profession.  To
 13 24 ensure that school districts in all areas of the state have
 13 25 the ability to attract highly qualified teachers, it is the
 13 26 intent of the general assembly to encourage school districts
 13 27 to establish teacher compensation opportunities that recognize
 13 28 the need for geographic or other locally determined wage
 13 29 differentials and provide incentives for traditionally
 13 30 hard=to=staff schools and subject=area shortages.  This
 13 31 section provides for state assistance to allow school
 13 32 districts to add a market factor to teacher salaries incentive
 13 33 paid by the school districts.
 13 34    2.  A school district shall be paid annually, from moneys
 13 35 allocated for market factor salaries incentives pursuant to
 14  1 section 284.13, subsection 1, paragraph "f", an amount of
 14  2 state assistance to create market factor incentives for
 14  3 classroom teachers in the school district.  Market factor
 14  4 incentives may include but are not limited to improving
 14  5 salaries due to geographic differences, educational
 14  6 opportunities and support, moving expenses, and housing
 14  7 expenses for the recruitment and retention needs of the school
 14  8 district in such areas as hard=to=staff schools, and
 14  9 subject=area shortages, or improving the racial or ethnic
 14 10 diversity on local teaching staffs funding to prepare a
 14 11 teacher to attain a license or endorsement in a shortage area,
 14 12 or funds to support educational support personnel in pursuing
 14 13 a license in a shortage area.  The school district shall have
 14 14 the sole discretion to award funds received by the school
 14 15 district in accordance with section 284.13, subsection 1,
 14 16 paragraph "f", to classroom teachers on an annual basis.  The
 14 17 funds shall supplement, but not supplant, wages and salaries
 14 18 paid as a result of a collective bargaining agreement reached
 14 19 pursuant to chapter 20 or as a result of funds appropriated
 14 20 elsewhere in this chapter, in chapter 256D, or in chapter
 14 21 294A.  The teacher quality committee established pursuant to
 14 22 section 284.4, subsection 1, paragraph "c", shall make
 14 23 recommendations to the school board and the certified
 14 24 bargaining representative regarding the expenditures of market
 14 25 factor incentives.
 14 26    3.  The allocations to each school district shall be made
 14 27 in one payment on or about October 15 of the fiscal year for
 14 28 which the appropriation is made, taking into consideration the
 14 29 relative budget and cash position of the state resources.
 14 30 Moneys received under this section shall not be commingled
 14 31 with state aid payments made under section 257.16 to a school
 14 32 district and shall be accounted for by the local school
 14 33 district separately from state aid payments.  Payments made to
 14 34 school districts under this section are miscellaneous income
 14 35 for purposes of chapter 257.  A school district shall maintain
 15  1 a separate listing within its budget for payments received and
 15  2 expenditures made pursuant to this section.  A school district
 15  3 shall certify to the department of education how the school
 15  4 district allocated the funds and that how the moneys received
 15  5 under this section were used to supplement, not supplant, the
 15  6 salary the school district would otherwise pay the teacher.
 15  7    4.  The department shall include market factor salaries
 15  8 incentives when reporting teacher salaries in the annual
 15  9 condition of education report on the use of funds allocated
 15 10 for purposes of this section.  The department shall review the
 15 11 use and effectiveness of the use of funds allocated for
 15 12 purposes of this section and shall submit its findings and
 15 13 recommendations in a report to the general assembly by January
 15 14 15, 2008.  It is the intent of the general assembly to
 15 15 reevaluate the fiscal year allocations made pursuant to
 15 16 section 284.13, subsection 1, paragraph "f", subparagraphs (2)
 15 17 and (3), based upon this report.
 15 18    Sec. 30.  Section 284.12, subsection 1, paragraph c, Code
 15 19 2007, is amended by striking the paragraph.
 15 20    Sec. 31.  Section 284.12, subsection 3, Code 2007, is
 15 21 amended by striking the subsection.
 15 22    Sec. 32.  Section 284.13, subsection 1, paragraphs c and d,
 15 23 Code 2007, are amended to read as follows:
 15 24    c.  For each fiscal year of the fiscal period beginning
 15 25 July 1, 2006, and ending June 30, 2009, up to six hundred
 15 26 ninety=five thousand dollars to the department of education
 15 27 for purposes of implementing the career professional
 15 28 development program requirements of section 284.6, the review
 15 29 panel requirements of section 284.9 assistance in developing
 15 30 model evidence for teacher quality committees established
 15 31 pursuant to section 284.4, subsection 1, paragraph "c", and
 15 32 the evaluator training program in section 284.10.  A portion
 15 33 of the funds allocated to the department for purposes of this
 15 34 paragraph may be used by the department for administrative
 15 35 purposes.
 16  1    d.  For the fiscal year beginning July 1, 2006 2007, and
 16  2 ending June 30, 2007 2008, up to ten twenty million dollars to
 16  3 the department of education for use by school districts to add
 16  4 one additional teacher contract day to the school calendar for
 16  5 professional development as provided in section 284.6.  The
 16  6 department shall distribute funds allocated for the purpose of
 16  7 this paragraph based on the average per diem contract salary
 16  8 for each district as reported to the department for the school
 16  9 year beginning July 1, 2005 2006, multiplied by the total
 16 10 number of full=time equivalent teachers in the base year.  The
 16 11 department shall adjust each district's average per diem
 16 12 salary by the allowable growth rate established under section
 16 13 257.8 for the fiscal year beginning July 1, 2006 2007.  The
 16 14 contract salary amount shall be the amount paid for their
 16 15 regular responsibilities but shall not include pay for
 16 16 extracurricular activities.  School districts shall distribute
 16 17 funds to teachers based on individual teacher per diem
 16 18 amounts.  These funds shall not supplant existing funding for
 16 19 professional development activities.  Notwithstanding any
 16 20 provision to the contrary, moneys received by a school
 16 21 district under this paragraph shall not revert but shall
 16 22 remain available for the same purpose in the succeeding fiscal
 16 23 year.  A school district shall submit a report to the
 16 24 department in a manner determined by the department describing
 16 25 its use of the funds received under this paragraph.  The
 16 26 department shall submit a report on school district use of the
 16 27 moneys distributed pursuant to this paragraph to the
 16 28 chairpersons and ranking members of the house and senate
 16 29 standing committees on education, the joint appropriations
 16 30 subcommittee on education, general assembly and the
 16 31 legislative services agency not later than January 15, 2007 of
 16 32 the fiscal year for which moneys are allocated for purposes of
 16 33 this paragraph.
 16 34    Sec. 33.  Section 284.13, subsection 1, paragraph e, Code
 16 35 2007, is amended by striking the paragraph and inserting in
 17  1 lieu thereof the following:
 17  2    e.  For the fiscal year beginning July 1, 2007, and ending
 17  3 June 30, 2008, an amount up to one million eight hundred
 17  4 forty=five thousand dollars to the department for the
 17  5 establishment of teacher development academies in accordance
 17  6 with section 284.6, subsection 10.  A portion of the funds
 17  7 allocated to the department for purposes of this paragraph may
 17  8 be used for administrative purposes.
 17  9    Sec. 34.  Section 284.13, subsection 1, paragraph f,
 17 10 unnumbered paragraph 1, Code 2007, is amended to read as
 17 11 follows:
 17 12    For purposes of market factor teacher salaries incentives
 17 13 pursuant to section 284.11, the following amounts are
 17 14 allocated to the department for the following fiscal years:
 17 15    Sec. 35.  Section 284.13, subsection 1, paragraph f,
 17 16 subparagraphs (1), (2), and (3), Code 2007, are amended to
 17 17 read as follows:
 17 18    (1)  For the each fiscal year of the fiscal period
 17 19 beginning July 1, 2006, and ending June 30, 2007 2008, the sum
 17 20 of three million three hundred ninety thousand dollars.
 17 21    (2)  For the fiscal year beginning July 1, 2007 2008, and
 17 22 ending June 30, 2008 2009, the sum of seven million five
 17 23 hundred thousand dollars.
 17 24    (3)  For the fiscal year beginning July 1, 2008 2009, and
 17 25 ending June 30, 2009 2010, the sum of ten six million six
 17 26 hundred ten thousand dollars.
 17 27    Sec. 36.  Section 284.13, subsection 1, paragraph g,
 17 28 subparagraphs (2) and (3), Code 2007, are amended to read as
 17 29 follows:
 17 30    (2)  For the fiscal year beginning July 1, 2007, and ending
 17 31 June 30, 2008, the sum of two one million five hundred
 17 32 thousand dollars.  From the amount allocated under this
 17 33 subparagraph, an amount up to ten thousand dollars shall be
 17 34 used for purposes of the pay=for=performance commission's
 17 35 expenses, an amount up to one hundred thousand dollars shall
 18  1 be distributed to the department of education for oversight
 18  2 and administration of the planning projects as provided in
 18  3 section 284.14, and an amount up to two hundred thousand
 18  4 dollars shall be used for the employment of an external
 18  5 evaluator.
 18  6    (3)  For the each fiscal year of the fiscal period
 18  7 beginning July 1, 2008, and ending June 30, 2009 2010, the sum
 18  8 of five two million five hundred thousand dollars.  From the
 18  9 amount allocated for each fiscal year under this subparagraph,
 18 10 an amount up to ten thousand dollars shall be used for
 18 11 purposes of the pay=for=performance commission's expenses, an
 18 12 amount up to one hundred thousand dollars shall be distributed
 18 13 to the department of education for oversight and
 18 14 administration of the planning and implementation projects as
 18 15 provided in section 284.14, and an amount up to two hundred
 18 16 thousand dollars shall be used for the employment of an
 18 17 external evaluator.
 18 18    Sec. 37.  Section 284.13, subsection 1, paragraph h,
 18 19 unnumbered paragraph 1, Code 2007, is amended to read as
 18 20 follows:
 18 21    For each fiscal year in which funds are appropriated for
 18 22 purposes of this chapter, the moneys remaining after
 18 23 distribution as provided in paragraphs "a" through "g" shall
 18 24 be allocated to school districts for salaries and career
 18 25 development in accordance with the following formula:
 18 26    Sec. 38.  Section 284.13, subsection 1, paragraph i, Code
 18 27 2007, is amended to read as follows:
 18 28    i.  From moneys available under paragraph "h", the
 18 29 department shall allocate to area education agencies an amount
 18 30 per classroom teacher employed by an area education agency
 18 31 that is approximately equivalent to the average per teacher
 18 32 amount allocated to the districts.  The average per teacher
 18 33 amount shall be calculated by dividing the total number of
 18 34 classroom teachers employed by school districts and the
 18 35 classroom teachers employed by area education agencies into
 19  1 the total amount of moneys available under paragraph "h".
 19  2    Sec. 39.  Section 284.13, subsection 1, paragraph j, Code
 19  3 2007, is amended to read as follows:
 19  4    j.  Notwithstanding section 8.33, any moneys remaining
 19  5 unencumbered or unobligated from the moneys allocated for
 19  6 purposes of paragraph "a", "b", or "c", or "g" shall not
 19  7 revert but shall remain available in the succeeding fiscal
 19  8 year for expenditure for the purposes designated.  The
 19  9 provisions of section 8.39 shall not apply to the funds
 19 10 appropriated pursuant to this subsection.
 19 11    Sec. 40.  Section 284.14, Code 2007, is amended by adding
 19 12 the following new subsection:
 19 13    NEW SUBSECTION.  0A.  INTENT.  The intent of this section
 19 14 is to create a process by which select Iowa school districts
 19 15 research, develop, and implement projects designed to identify
 19 16 promising practices related to enhanced teacher compensation
 19 17 career ladders and performance pay models.  If successful
 19 18 pilot processes are developed and implemented by local school
 19 19 districts, it is the intent of the general assembly to
 19 20 establish sustained long=term funding of successful planning
 19 21 or implementation projects.
 19 22    Sec. 41.  Section 284.14, subsections 1, 2, and 3, Code
 19 23 2007, are amended to read as follows:
 19 24    1.  COMMISSION.  A pay=for=performance commission is
 19 25 established to design and implement a pay=for=performance
 19 26 program pilot project and provide a study relating to teacher
 19 27 and staff compensation containing a pay=for=performance
 19 28 component.  The study shall measure the cost and effectiveness
 19 29 in raising student achievement of a compensation system that
 19 30 provides financial incentives based on student performance.
 19 31 The commission is part of the executive branch of government.
 19 32    2.  DEVELOPMENT OF PROGRAM.  Beginning July 1, 2006, the
 19 33 commission shall gather sufficient information to identify a
 19 34 pay=for=performance program based upon student achievement
 19 35 gains and global content standards where student achievement
 20  1 gains cannot be easily measured.  The commission shall review
 20  2 pay=for=performance programs in both the public and private
 20  3 sector.  Based on this information, the commission shall
 20  4 design a program utilizing both individual and group incentive
 20  5 components.  At least half of any available funding identified
 20  6 by the commission shall be designated for individual
 20  7 incentives.
 20  8    a.  Commencing with the school year beginning July 1, 2007,
 20  9 the commission shall initiate demonstration planning projects,
 20 10 in selected kindergarten through grade twelve schools, to test
 20 11 the effectiveness of the pay=for=performance program.  The
 20 12 purpose of the demonstration planning projects is to identify
 20 13 the strengths and weaknesses of the various
 20 14 pay=for=performance program design career ladder designs,
 20 15 including the career path levels of the student achievement
 20 16 and teacher quality program pursuant to section 284.7,
 20 17 evaluate cost effectiveness, analyze student achievement gains
 20 18 needs, select formative and summative student achievement
 20 19 measures that align to identify needs, consider necessary
 20 20 supports related to the student achievement goals in the
 20 21 school district's comprehensive school improvement plan, test
 20 22 assessments review assessment needs, identify mechanisms to
 20 23 account for existing teacher contract provisions within the
 20 24 proposed career ladder salary increments, allow thorough
 20 25 review of data, and make necessary adjustments before
 20 26 implementing proposing implementation of the
 20 27 pay=for=performance program statewide.
 20 28    b.  The For the school year beginning July 1, 2007, and
 20 29 ending June 30, 2008, the commission shall select up to ten
 20 30 school districts as demonstration planning projects, with one
 20 31 or more selected projects demonstrating a regional approach.
 20 32 To the extent practicable, participants shall represent
 20 33 geographically distinct rural, urban, and suburban areas of
 20 34 the state.  Participants shall provide reports or other
 20 35 information as required by the commission.
 21  1    c.  Commencing with For the school year beginning July 1,
 21  2 2008, and ending June 30, 2009, the commission shall select up
 21  3 to twenty additional school districts as demonstration
 21  4 planning or implementation projects.
 21  5    3.  REPORTS AND FINAL STUDY.  Based on the information
 21  6 generated by the demonstration planning or implementation
 21  7 projects, the commission shall prepare an interim report by
 21  8 January 15 14, 2007 2008, followed by interim progress reports
 21  9 annually, followed by a final study report analyzing the
 21 10 effectiveness of pay=for=performance in raising student
 21 11 achievement levels.  The final study report shall be completed
 21 12 no later than six months after the completion of the
 21 13 demonstration planning or implementation projects.  The
 21 14 commission shall provide copies of the final study report to
 21 15 the department of education and to the chairpersons and
 21 16 ranking members of the senate and house standing committees on
 21 17 education general assembly.
 21 18    Sec. 42.  Section 284.14, subsection 4, Code 2007, is
 21 19 amended by striking the subsection.
 21 20    Sec. 43.  Section 284A.1, Code 2007, is amended by adding
 21 21 the following new subsections:
 21 22    NEW SUBSECTION.  2A.  "Comprehensive evaluation" means a
 21 23 summative evaluation of a beginning administrator conducted by
 21 24 an evaluator in accordance with section 284A.3 for purposes of
 21 25 determining a beginning administrator's level of competency
 21 26 for recommendation for licensure based on the Iowa standards
 21 27 for school administrators adopted pursuant to section 256.7,
 21 28 subsection 27.
 21 29    NEW SUBSECTION.  3A.  "Director" means the director of the
 21 30 department of education.
 21 31    NEW SUBSECTION.  3B.  "Evaluation" means a summative
 21 32 evaluation of an administrator used to determine whether the
 21 33 administrator's practice meets school district expectations
 21 34 and the Iowa standards for school administrators adopted
 21 35 pursuant to section 256.7, subsection 27.
 22  1    Sec. 44.  Section 284A.2, subsection 3, Code 2007, is
 22  2 amended to read as follows:
 22  3    3.  Each school board shall establish an administrator
 22  4 mentoring program for all beginning administrators.  The
 22  5 school board may adopt the model program developed by the
 22  6 department pursuant to subsection 2.  Each school board's
 22  7 beginning administrator mentoring and induction program shall,
 22  8 at a minimum, provide for one year of programming to support
 22  9 the Iowa standards for school administrators adopted pursuant
 22 10 to section 256.7, subsection 27, and beginning administrators'
 22 11 professional and personal needs.  Each school board shall
 22 12 develop an initial beginning administrator mentoring and
 22 13 induction plan.  The plan shall describe the mentor selection
 22 14 process, describe supports for beginning administrators,
 22 15 describe program organizational and collaborative structures,
 22 16 provide a budget, provide for sustainability of the program,
 22 17 and provide for program evaluation.  The school board
 22 18 employing an administrator shall determine the conditions and
 22 19 requirements of an administrator participating in a program
 22 20 established pursuant to this section.  A school board shall
 22 21 include its plan in the school district's comprehensive school
 22 22 improvement plan submitted pursuant to section 256.7,
 22 23 subsection 21.
 22 24    Sec. 45.  Section 284A.2, Code 2007, is amended by adding
 22 25 the following new subsection:
 22 26    NEW SUBSECTION.  3A.  A beginning administrator shall be
 22 27 informed by the school district or the area education agency,
 22 28 prior to the beginning administrator's participation in a
 22 29 mentoring and induction program, of the criteria upon which
 22 30 the administrator will be evaluated and of the evaluation
 22 31 process utilized by the school district or area education
 22 32 agency.
 22 33    Sec. 46.  Section 284A.2, subsection 4, Code 2007, is
 22 34 amended to read as follows:
 22 35    4.  By the end of a beginning administrator's second first
 23  1 year of employment, the beginning administrator may be
 23  2 comprehensively evaluated at the discretion of the school
 23  3 board to determine if the administrator meets expectations to
 23  4 move to a standard administrator license.  The school district
 23  5 or area education agency that employs a beginning
 23  6 administrator shall recommend the beginning administrator for
 23  7 a standard license if the beginning administrator is
 23  8 determined through a comprehensive evaluation to demonstrate
 23  9 competence in the Iowa standards for school administrators
 23 10 adopted pursuant to section 256.7, subsection 27.  A school
 23 11 district or area education agency may allow a beginning
 23 12 administrator a second year to demonstrate competence in the
 23 13 Iowa standards for school administrators if, after conducting
 23 14 a comprehensive evaluation, the school district or area
 23 15 education agency determines that the administrator is likely
 23 16 to successfully demonstrate competence in the Iowa standards
 23 17 for school administrators by the end of the second year.  Upon
 23 18 notification by the school district or area education agency,
 23 19 the board of educational examiners shall grant a beginning
 23 20 administrator who has been allowed a second year to
 23 21 demonstrate competence a one=year extension of the beginning
 23 22 administrator's initial license.  An administrator granted a
 23 23 second year to demonstrate competence shall undergo a
 23 24 comprehensive evaluation at the end of the second year.
 23 25    Sec. 47.  NEW SECTION.  284A.1  ADMINISTRATOR QUALITY
 23 26 PROGRAM.
 23 27    An administrator quality program is established to promote
 23 28 high student achievement and enhanced educator quality.  The
 23 29 program shall consist of the following three major components:
 23 30    1.  Mentoring and induction programs that provide support
 23 31 for administrators in accordance with section 284A.2, as
 23 32 amended in this Act.
 23 33    2.  Professional development designed to directly support
 23 34 best practices for leadership.
 23 35    3.  Evaluation of administrators against the Iowa standards
 24  1 for school administrators.
 24  2    Sec. 48.  NEW SECTION.  284A.3  IOWA STANDARDS FOR SCHOOL
 24  3 ADMINISTRATORS EVALUATIONS.
 24  4    By July 1, 2008, each school board shall provide for
 24  5 evaluations for administrators under individual career
 24  6 development plans developed in accordance with section
 24  7 279.23A, and the Iowa standards for school administrators and
 24  8 related criteria adopted by the state board in accordance with
 24  9 section 256.7, subsection 27.  A local school board may
 24 10 establish additional administrator standards and related
 24 11 criteria.
 24 12    Sec. 49.  NEW SECTION.  284A.4  PARTICIPATION.
 24 13    Effective July 1, 2007, each school district shall
 24 14 participate in the administrator quality program, and the
 24 15 board of directors of each school district shall do all of the
 24 16 following:
 24 17    1.  Implement a beginning administrator mentoring and
 24 18 induction program as provided in this chapter.
 24 19    2.  Adopt individual administrator career development plans
 24 20 in accordance with this chapter.
 24 21    3.  Adopt an administrator evaluation plan that, at a
 24 22 minimum, requires an evaluation of administrators in the
 24 23 school district annually pursuant to section 279.23A and based
 24 24 upon the Iowa standards for school administrators and
 24 25 individual administrator career development plans.
 24 26    Sec. 50.  NEW SECTION.  284A.6  ADMINISTRATOR CAREER
 24 27 DEVELOPMENT.
 24 28    1.  Each school district shall be responsible for the
 24 29 provision of professional growth programming for individuals
 24 30 employed in a school district administrative position by the
 24 31 school district or area education agency as deemed appropriate
 24 32 by the board of directors of the school district or area
 24 33 education agency.  School districts may collaborate with other
 24 34 educational stakeholders including other school districts,
 24 35 area education agencies, professional organizations, higher
 25  1 education institutions, and private providers, regarding the
 25  2 provision of professional development for school district
 25  3 administrators.  Professional development programming for
 25  4 school district administrators may include support that meets
 25  5 the career development needs of individual administrators
 25  6 aligned to the Iowa standards for school administrators
 25  7 adopted pursuant to section 256.7, subsection 27, and meets
 25  8 individual administrator career development plans.
 25  9    2.  In cooperation with the administrator's evaluator, the
 25 10 administrator who has a standard administrator's license
 25 11 issued by the board of educational examiners pursuant to
 25 12 chapter 272 and is employed by a school district or area
 25 13 education agency in a school district administrative position,
 25 14 shall develop an individual administrator career development
 25 15 plan.  The purpose of the plan is to promote individual and
 25 16 group career development.  The individual plan shall be based,
 25 17 at a minimum, on the needs of the administrator, the Iowa
 25 18 standards for school administrators adopted pursuant to
 25 19 section 256.7, subsection 27, and the student achievement
 25 20 goals of the attendance center and the school district as
 25 21 outlined in the comprehensive school improvement plan.
 25 22    3.  The administrator's evaluator shall meet annually as
 25 23 provided in section 279.23A with the administrator to review
 25 24 progress in meeting the goals in the administrator's
 25 25 individual plan.  The purpose of the meeting shall be to
 25 26 review collaborative work with other staff on student
 25 27 achievement goals and to modify as necessary the
 25 28 administrator's individual plan to reflect the individual
 25 29 administrator's and the school district's needs and the
 25 30 individual's progress in meeting the goals in the plan.  The
 25 31 administrator shall present to the evaluator evidence of
 25 32 progress.  The administrator's supervisor and the evaluator
 25 33 shall review and the supervisor may modify the administrator's
 25 34 individual plan.
 25 35    Sec. 51.  NEW SECTION.  284A.7  EVALUATION REQUIREMENTS FOR
 26  1 ADMINISTRATORS.
 26  2    A school district shall conduct an evaluation of an
 26  3 administrator who holds a standard license issued under
 26  4 chapter 272 at least once every three years for purposes of
 26  5 assisting the administrator in making continuous improvement,
 26  6 documenting continued competence in the Iowa standards for
 26  7 school administrators adopted pursuant to section 256.7,
 26  8 subsection 27, or to determine whether the administrator's
 26  9 practice meets school district expectations.  The review shall
 26 10 include, at a minimum, an assessment of the administrator's
 26 11 competence in meeting the Iowa standards for school
 26 12 administrators and the goals of the administrator's individual
 26 13 career development plan, including supporting documentation or
 26 14 artifacts aligned to the Iowa standards for school
 26 15 administrators and the individual administrator's career
 26 16 development plan.
 26 17    Sec. 52.  2006 Iowa Acts, chapter 1182, section 1,
 26 18 unnumbered paragraph 2, is amended to read as follows:
 26 19    For purposes, as provided in law, of the student
 26 20 achievement and teacher quality program established pursuant
 26 21 to chapter 284:
 26 22 FY 2006=2007...................................... $104,343,894
 26 23 FY 2007=2008...................................... $139,343,894
 26 24                                                     174,343,894
 26 25 FY 2008=2009...................................... $174,343,894
 26 26                                                     249,343,894
 26 27    Sec. 53.  Section 284A.1, Code 2007, is transferred to
 26 28 section 284A.2.
 26 29    Sec. 54.  Section 284A.2, Code 2007, is transferred to
 26 30 section 284A.5.
 26 31    Sec. 55.  Section 284A.3, Code 2007, is transferred to
 26 32 section 284A.8.
 26 33    Sec. 56.  CODE EDITOR DIRECTIVE.  The Code editor is
 26 34 directed to correct internal references in the Code as
 26 35 necessary due to enactment of the sections of this Act that
 27  1 relocate sections 284A.1, 284A.2, and 284A.3.
 27  2    Sec. 57.  EFFECTIVE DATE.  The section of this Act amending
 27  3 section 284.13, subsection 1, paragraph "j", relating to the
 27  4 nonreversion of funds, being deemed of immediate importance,
 27  5 takes effect upon enactment.
 27  6    Sec. 58.  STATE MANDATE FUNDING SPECIFIED.  In accordance
 27  7 with section 25B.2, subsection 3, the state cost of requiring
 27  8 compliance with any state mandate included in this Act shall
 27  9 be paid by a school district from state school foundation aid
 27 10 received by the school district under section 257.16 and
 27 11 moneys appropriated in this Act.  This specification of the
 27 12 payment of the state cost shall be deemed to meet all the
 27 13 state funding=related requirements of section 25B.2,
 27 14 subsection 3, and no additional state funding shall be
 27 15 necessary for the full implementation of this Act by and
 27 16 enforcement of this Act against all affected school districts.
 27 17                           EXPLANATION
 27 18    This bill increases appropriations made for FY 2007=2008
 27 19 and FY 2008=2009 for the student achievement and teacher
 27 20 quality program, requires school districts to have qualified
 27 21 guidance counselors, but permits school districts to request a
 27 22 waiver from the department of education, makes changes to the
 27 23 student achievement and teacher quality program including
 27 24 increasing minimum teacher salaries, establishes an
 27 25 administrator quality program, and requires the state board of
 27 26 education to adopt Iowa standards for school administrators.
 27 27    The bill adds new elements to the student achievement and
 27 28 teacher quality program, including teacher development
 27 29 programs and evaluation of teachers against the Iowa teaching
 27 30 standards.
 27 31    QUALIFIED GUIDANCE COUNSELORS, SCHOOL NURSES, AND TEACHER
 27 32 LIBRARIANS.  While requiring school districts to have
 27 33 qualified guidance counselors and school nurses, the bill
 27 34 authorizes school districts to seek supplemental aid from the
 27 35 school budget review committee for the cost of adding these
 28  1 guidance counselors as well as teacher librarians.  A guidance
 28  2 counselor=to=student ratio of one to 350 is established as a
 28  3 goal.  The bill also updates a provision to allow districts to
 28  4 seek up to a two=year waiver of the requirements from the
 28  5 department.  A school district that has met the requirement in
 28  6 the previous school year cannot seek a waiver from that
 28  7 requirement for the current school year.
 28  8    ADMINISTRATOR LICENSURE RENEWAL REQUIREMENT OPTION.  The
 28  9 bill directs the board of educational examiners to include in
 28 10 its administrator licensure renewal requirements an option
 28 11 that allows credit for administrators' individual career
 28 12 development plans.
 28 13    STUDENT ACHIEVEMENT AND TEACHER QUALITY == TEACHER
 28 14 DEFINITIONS.  The bill changes the definition of "teacher" to
 28 15 include a person who holds a practitioner's license and a
 28 16 statement of professional recognition for school nurses.  The
 28 17 bill strikes references to positions teachers are required to
 28 18 be employed in by a school district or an area education
 28 19 agency.
 28 20    COLLECTIVE BARGAINING.  The bill requires local school
 28 21 boards and their certified bargaining representatives to
 28 22 negotiate evaluation and grievance procedures for teachers
 28 23 other than beginning teachers.  If the licensed employees of a
 28 24 school district or area education agency receiving funds
 28 25 allocated for salaries under the student achievement and
 28 26 teacher quality program are organized for collective
 28 27 bargaining purposes, the local board and the certified
 28 28 bargaining representative must agree on a formula for
 28 29 distributing the funds.  The Code provides for distribution if
 28 30 the parties reach an impasse.
 28 31    AREA EDUCATION AGENCIES.  The bill makes certain persons
 28 32 employed by area education agencies and the agencies eligible
 28 33 to receive moneys under the student achievement and teacher
 28 34 quality program.
 28 35    TEACHER QUALITY COMMITTEE.  The bill strikes language that
 29  1 required school districts to provide an extra day of contract
 29  2 days beginning in the fifth year of participation in the
 29  3 student achievement and teacher quality program, and replaces
 29  4 it with a requirement that school districts, and area
 29  5 education agencies that wish to participate in the program,
 29  6 create a teacher quality committee to monitor implementation
 29  7 of the program, monitor the evaluation requirements of the
 29  8 program and develop model evidence for the Iowa teaching
 29  9 standards and criteria, make recommendations on the use and
 29 10 distribution of professional development funds, monitor the
 29 11 professional development in each attendance center, and ensure
 29 12 that the agreement negotiated pursuant to Code chapter 20
 29 13 determines compensation for teachers on the committee for work
 29 14 responsibilities beyond the normal workday.
 29 15    INTENSIVE ASSISTANCE PROGRAM.  Each school district shall
 29 16 be prepared to offer an intensive assistance program, which is
 29 17 subject to negotiation and grievance procedures under Code
 29 18 chapter 20.  A teacher shall not suffer adverse employment
 29 19 consequences for not meeting standards and criteria until
 29 20 given an opportunity to participate in an intensive assistance
 29 21 program.
 29 22    PROFESSIONAL DEVELOPMENT.  The bill requires that school
 29 23 districts develop attendance center professional development
 29 24 plans, requires that school district professional development
 29 25 plans include the use and distribution of professional
 29 26 development plans in accordance with the collective bargaining
 29 27 agreement, and requires school districts to create quality
 29 28 professional development opportunities and balance the use of
 29 29 professional development funds between the school district,
 29 30 attendance center, and individual professional development
 29 31 plans.  The bill allocates $20 million from the student
 29 32 achievement and teacher quality program funds for purposes of
 29 33 professional development.
 29 34    TEACHER DEVELOPMENT ACADEMIES AND TEACHER TRAINERS.  The
 29 35 bill directs the department of education to establish, with
 30  1 funds appropriated for such a purpose in the bill, teacher
 30  2 development academies, including an institute and follow=up
 30  3 training and coaching.
 30  4    MINIMUM SALARY CHANGES.  The bill provides that the minimum
 30  5 salary for a first=year beginning teacher is $26,500, for a
 30  6 first=year career teacher is $27,500, and for a second=year
 30  7 career teacher is $28,500.  Currently, the Code provides for
 30  8 beginning and career teacher salaries of $25,500, $26,500, and
 30  9 $27,500, respectively.
 30 10    MARKET FACTOR TEACHER SALARIES.  The bill amends the Code
 30 11 section that provides for state assistance to allow school
 30 12 districts to add a market factor to teacher salaries paid by
 30 13 the school districts to replace the word "salaries" with
 30 14 "incentives"; provides that incentives may include educational
 30 15 opportunities and support, moving expenses, and housing
 30 16 expenses; funding to prepare education personnel to attain a
 30 17 license or endorsement in a shortage area; and requires the
 30 18 teacher quality committee make recommendations to the school
 30 19 board and collective bargaining representative regarding the
 30 20 expenditure of market factor incentives.  The bill also
 30 21 requires the department to submit a report on the use and
 30 22 effectiveness of the funds allocated for incentives, and
 30 23 states legislative intent to reevaluate future appropriations
 30 24 for the incentives based on the report.
 30 25    TEAM=BASED VARIABLE PAY.  The bill strikes references to
 30 26 team=based variable pay.
 30 27    PAY=FOR=PERFORMANCE PROGRAM.  The pay=for=performance
 30 28 program is changed to reflect the recommendations from the
 30 29 final report of the pay=for=performance commission.  The
 30 30 commission will no longer be responsible for designing a
 30 31 program utilizing both the individual and group incentive
 30 32 components, nor will the funding be designated for individual
 30 33 incentives.  The commission is charged with initiating up to
 30 34 10 planning projects in FY 2007=2008 and up to 20 additional
 30 35 planning and implementation projects in FY 2008=2009.  The
 31  1 purpose of the planning projects is to identify the strengths
 31  2 and weaknesses of various career ladder designs, select
 31  3 formative and summative student achievement measures, consider
 31  4 supports related to student achievement goals, review
 31  5 assessment needs, identify mechanisms to account for existing
 31  6 teacher contract provisions within the proposed career ladder
 31  7 salary increments, and make necessary adjustments before
 31  8 proposing implementation of the program statewide.
 31  9    ADMINISTRATOR QUALITY PROGRAM.  During the 2006 Legislative
 31 10 Session, the general assembly established the beginning
 31 11 administrator mentoring program.  The program now becomes a
 31 12 component of a new administrator quality program under the
 31 13 bill.  The administrator quality program established by the
 31 14 bill is designed to function much like the teacher quality,
 31 15 career development, and evaluation provisions of the student
 31 16 achievement and teacher quality program.  The program's other
 31 17 two components include professional development designed to
 31 18 directly support best practices for leadership, and evaluation
 31 19 of administrators against Iowa standards for school
 31 20 administrators, which the director of the department of
 31 21 education is directed to develop, and the state board to
 31 22 adopt.  The standards are to include knowledge and skill
 31 23 criteria, and based upon the standards, mentoring and
 31 24 induction, evaluation processes, and administrator career
 31 25 development plans.
 31 26    Under current Code, a beginning administrator is
 31 27 comprehensively evaluated at the end of the administrator's
 31 28 first year.  Under the bill, if the administrator demonstrates
 31 29 competence, the employer must recommend the administrator for
 31 30 a standard license.  A beginning administrator who fails to
 31 31 demonstrate competence at the end of the first year may be
 31 32 allowed a second year and given a one=year extension of the
 31 33 administrator's initial license in order to demonstrate
 31 34 competence.
 31 35    The bill requires each school board, by July 1, 2008, to
 32  1 provide annual evaluations that assess administrators, at a
 32  2 minimum, against the Iowa standards for school administrators
 32  3 and the criteria for the standards developed by the
 32  4 department.  A local school board may establish additional
 32  5 evaluation and grievance procedures.  The bill also requires
 32  6 school districts to adopt individual career development plans
 32  7 for administrators and adopt an administrator evaluation plan.
 32  8    Each school district must provide for the professional
 32  9 growth programming for individuals employed in an
 32 10 administrative position in the school district.  Each school
 32 11 district administrator must develop an individual career
 32 12 development plan.  The administrator's evaluator shall
 32 13 annually meet with the administrator to review progress in
 32 14 meeting the goals in the administrator's individual plan.
 32 15    A school district shall review an administrator's
 32 16 performance annually for purposes of assisting the
 32 17 administrator in making continuous improvement, documenting
 32 18 continued competence in the Iowa standards for school
 32 19 administrators, or to determine whether the administrator's
 32 20 practice meets school district expectations.  An administrator
 32 21 from another state or country is exempt from the mentoring and
 32 22 induction requirements if the administrator can document two
 32 23 years of successful administrator experience and meet or
 32 24 exceed the board of educational examiners licensure
 32 25 requirements.
 32 26    The bill directs the Code editor to relocate sections in
 32 27 Code chapter 284A to incorporate the new sections added by the
 32 28 bill.
 32 29    STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM
 32 30 APPROPRIATIONS.  The bill increases the appropriations made
 32 31 for purposes of the student achievement and teacher quality
 32 32 program for FY 2007=2008 by $35 million and for FY 2008=2009
 32 33 by $75 million.  The bill makes appropriations and allocations
 32 34 to the department of education to continue providing funding
 32 35 to school districts and area education agencies for salaries
 33  1 and career development purposes, and to fund the establishment
 33  2 of teacher development academies.  The bill readjusts the
 33  3 allocations for market factor teacher incentives and extends
 33  4 the appropriations to FY 2009=2010.  The bill also decreases
 33  5 funding for the pay=for=performance program, but extends the
 33  6 program to FY 2009=2010.  Moneys for the program are allowed
 33  7 to carry over, effective upon enactment.
 33  8    The bill may include a state mandate as defined in Code
 33  9 section 25B.3.  The bill requires that the state cost of any
 33 10 state mandate included in the bill be paid by a school
 33 11 district from state school foundation aid received by the
 33 12 school district under Code section 257.16 and moneys
 33 13 appropriated in the bill.  The specification is deemed to
 33 14 constitute state compliance with any state mandate funding=
 33 15 related requirements of Code section 25B.2.  The inclusion of
 33 16 this specification is intended to reinstate the requirement of
 33 17 political subdivisions to comply with any state mandates
 33 18 included in the bill.
 33 19 LSB 1227SV 82
 33 20 kh:rj/gg/14