Senate File 383 - Introduced





                                       SENATE FILE       
                                       BY  McKINLEY


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

                                      A BILL FOR

  1 An Act establishing a pay=for=performance task force and
  2    demonstration program and an Iowa teacher excellence fund, and
  3    providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1658XS 83
  6 kh/sc/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  284.14B  PAY=FOR=PERFORMANCE TASK
  1  2 FORCE AND DEMONSTRATION PROGRAM.
  1  3    1.  TASK FORCE.
  1  4    a.  A pay=for=performance task force is established in the
  1  5 executive branch to design and implement a pay=for=performance
  1  6 demonstration program and to conduct a study relating to
  1  7 teacher and staff compensation containing a
  1  8 pay=for=performance component.  The study shall measure the
  1  9 cost and effectiveness in raising student achievement of a
  1 10 compensation system that provides financial incentives based
  1 11 on student performance.
  1 12    b.  Membership of the task force shall consist of the
  1 13 following:
  1 14    (1)  One classroom teacher selected jointly by the Iowa
  1 15 state educational association and the professional educators
  1 16 of Iowa.
  1 17    (2)  One principal selected by the school administrators of
  1 18 Iowa.
  1 19    (3)  One private sector representative selected by the Iowa
  1 20 business council.  The Iowa business council shall make every
  1 21 reasonable effort to select as representative a person who
  1 22 possesses all of the following qualifications:
  1 23    (a)  Holds a degree in education and has teaching
  1 24 experience.
  1 25    (b)  Is employed in a business that employs at least two
  1 26 hundred persons and utilizes an employee performance pay
  1 27 program.
  1 28    (c)  Served as a school board member.
  1 29    (4)  One industrial engineer selected by the American
  1 30 society of engineers.  This person shall possess technical
  1 31 knowledge and experience in the design and implementation of
  1 32 individual and group pay=for=performance incentive programs.
  1 33    (5)  One private sector small business employer selected by
  1 34 the governor.  This person shall employ at least fifty people
  1 35 in a targeted business industry as defined in section 15E.223,
  2  1 subsection 4, and have general and line management experience
  2  2 and responsibilities.
  2  3    (6)  One economist with a doctoral degree and experience
  2  4 and knowledge in student achievement using test scores to
  2  5 measure student progress, who shall be selected by the voting
  2  6 members of the task force after the task force is convened.
  2  7    (7)  One representative from the department who shall serve
  2  8 as a nonvoting member.
  2  9    (8)  Two members of the senate appointed by the majority
  2 10 leader of the senate and two members of the house of
  2 11 representatives appointed by the speaker of the house who
  2 12 shall serve as nonvoting members.
  2 13    c.  The task force shall select its own chairperson and
  2 14 establish its own rules of procedure.  A majority of the
  2 15 voting members of the task force shall constitute a quorum.
  2 16    d.  Nonlegislative members shall serve four=year terms.
  2 17 The legislative members shall serve for terms as provided in
  2 18 section 69.16B.  A vacancy on the task force shall be filled
  2 19 by the appropriate appointing authority.  Members shall
  2 20 receive a per diem as specified in section 7E.6 for each day
  2 21 spent in performance of duties as members.
  2 22    e.  The pay=for=performance task force is not subject to
  2 23 the provisions of section 69.16 or 69.16A.
  2 24    2.  DEVELOPMENT OF PROGRAM.  Beginning July 1, 2009, the
  2 25 task force shall gather sufficient information to identify a
  2 26 pay=for=performance program based upon student achievement
  2 27 gains and global content standards where student achievement
  2 28 gains cannot be easily measured.  The task force shall review
  2 29 pay=for=performance programs in both the public and private
  2 30 sectors.  Based on this information, the task force shall
  2 31 design a program utilizing both individual and group incentive
  2 32 components.  At least one=half of any available funding
  2 33 identified by the task force shall be designated for
  2 34 individual incentives.
  2 35    a.  Commencing with the school year beginning July 1, 2010,
  3  1 the task force shall initiate demonstration projects in
  3  2 selected kindergarten through grade twelve schools to test the
  3  3 effectiveness of the pay=for=performance program.  The purpose
  3  4 of the demonstration projects is to identify the strengths and
  3  5 weaknesses of the pay=for=performance program designs,
  3  6 evaluate cost effectiveness, analyze student achievement
  3  7 gains, review assessments, allow thorough review of data, and
  3  8 make necessary adjustments before the pay=for=performance
  3  9 program may be implemented statewide.
  3 10    b.  Commencing with the school year beginning July 1, 2010,
  3 11 the task force shall select ten school districts as
  3 12 demonstration projects.  To the extent practicable,
  3 13 participants shall represent geographically distinct rural,
  3 14 urban, and suburban areas of the state.  Participants shall
  3 15 provide reports or other information as required by the task
  3 16 force.
  3 17    c.  Commencing with the school year beginning July 1, 2011,
  3 18 the task force shall select twenty additional school districts
  3 19 as demonstration projects.
  3 20    3.  INTERIM AND FINAL STUDY REPORTS.  Based on the
  3 21 information generated by the demonstration projects, the task
  3 22 force shall prepare and submit interim reports to the
  3 23 department and the general assembly by January 15 annually
  3 24 during implementation of the demonstration projects.  The task
  3 25 force shall prepare and submit to the department and the
  3 26 general assembly a final study report analyzing the
  3 27 effectiveness of pay=for=performance in raising student
  3 28 achievement levels no later than six months after the
  3 29 completion of the demonstration projects.
  3 30    4.  STATEWIDE IMPLEMENTATION == REMEDIATION.
  3 31 Notwithstanding the provisions of chapters 20 and 279 to the
  3 32 contrary, the general assembly shall consider implementing the
  3 33 pay=for=performance program statewide for the 2012=2013 school
  3 34 year.
  3 35    a.  The task force, in consultation with the department,
  4  1 shall develop a system that will provide for valid, reliable
  4  2 tracking and measurement of enhanced student achievement under
  4  3 the pay=for=performance program.  Where possible, student
  4  4 performance shall be based solely on student achievement,
  4  5 objectively measured by academic gains made by individual
  4  6 students using valid, reliable, and nonsubjective assessment
  4  7 tools such as the dynamic indicators of basic early literacy
  4  8 skills, the Iowa test of basic skills, or the Iowa test of
  4  9 educational development.
  4 10    b.  (1)  The task force shall develop a pay=for=performance
  4 11 pay plan for teacher compensation which may be implemented
  4 12 statewide.  The plan shall establish salary adjustments which
  4 13 vary directly with the enhancement of student achievement.
  4 14 The plan shall include teacher performance standards which
  4 15 identify the following five levels of teacher performance and
  4 16 include standards to measure each level:
  4 17    (a)  Superior performance.
  4 18    (b)  Exceeds expectations.
  4 19    (c)  Satisfactory.
  4 20    (d)  Emerging.
  4 21    (e)  In need of remediation.
  4 22    (2)  Individual salary adjustments under an individual
  4 23 incentive component of a pay=for=performance program shall not
  4 24 be provided to teachers whose students do not demonstrate at
  4 25 least a satisfactory level of performance.
  4 26    c.  The department, in conjunction with the task force,
  4 27 shall create a teacher remediation program to provide
  4 28 counseling and assistance for teachers whose students do not
  4 29 demonstrate adequate increases in achievement.
  4 30    5.  IOWA TEACHER EXCELLENCE FUND.
  4 31    a.  An Iowa teacher excellence fund is created within the
  4 32 office of the treasurer of state, to be administered by the
  4 33 task force.  Notwithstanding section 8.33, moneys in the fund
  4 34 that remain unencumbered or unobligated at the close of the
  4 35 fiscal year shall not revert but shall remain in the fund.
  5  1    b.  The task force may, according to criteria developed by
  5  2 the task force, provide grants from the Iowa teacher
  5  3 excellence fund for implementation of the pay=for=performance
  5  4 program.
  5  5    6.  STAFFING.  The legislative services agency shall, upon
  5  6 request, provide technical and administrative support to the
  5  7 task force.  The legislative services agency may annually use
  5  8 up to fifty thousand dollars of the moneys appropriated for
  5  9 the pay=for=performance program to provide assistance to the
  5 10 task force and to monitor the program.  The task force may
  5 11 annually use up to two hundred thousand dollars of the moneys
  5 12 appropriated for the pay=for=performance program for
  5 13 consultation services in coordination with the legislative
  5 14 services agency.
  5 15    7.  FUTURE REPEAL.  This section is repealed effective June
  5 16 30, 2013.
  5 17    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  5 18 immediate importance, takes effect upon enactment.
  5 19                           EXPLANATION
  5 20    This bill establishes a pay=for=performance task force to
  5 21 design and implement a pay=for=performance demonstration
  5 22 program and to conduct a study relating to teacher and staff
  5 23 compensation that contains a pay=for=performance component.
  5 24 Based on the demonstration program findings, the task force is
  5 25 directed to develop a system for valid, reliable tracking and
  5 26 measurement of enhanced student achievement and a
  5 27 pay=for=performance pay plan for teacher compensation.
  5 28    The study must measure the cost and effectiveness in
  5 29 raising student achievement of a compensation system that
  5 30 provides financial incentives based on student performance.
  5 31    The bill provides for the qualifications of the task force
  5 32 membership and lists the appointing authorities.  The bill
  5 33 exempts the task force membership from Code provisions
  5 34 requiring bipartisan composition and gender balance.
  5 35    Beginning July 1, 2009, the task force must gather
  6  1 sufficient information to identify a pay=for=performance
  6  2 program and review pay=for=performance programs in both the
  6  3 public and private sectors.  Based on this information, the
  6  4 task force must design a program utilizing both individual and
  6  5 group incentive components.  At least one=half of any
  6  6 available funding for the program must be designated for
  6  7 individual incentives.
  6  8    Commencing with the 2010=2011 school year, the task force
  6  9 must initiate demonstration projects in 10 school districts to
  6 10 identify the strengths and weaknesses of the
  6 11 pay=for=performance program designs, evaluate cost
  6 12 effectiveness, analyze student achievement gains, test
  6 13 assessments, allow thorough review of data, and make necessary
  6 14 adjustments before the pay=for=performance program may be
  6 15 implemented statewide.  For the 2011=2012 school year, the
  6 16 task force must select 20 additional school districts as
  6 17 demonstration projects.
  6 18    The bill requires the task force to submit interim and
  6 19 final reports to the department and the general assembly.  The
  6 20 bill requires the general assembly to consider implementing
  6 21 the program statewide for the 2012=2013 school year.
  6 22    The pay=for=performance pay plan for teacher compensation
  6 23 developed by the task force must establish salary adjustments
  6 24 which vary directly with the enhancement of student
  6 25 achievement, and include teacher performance standards, as
  6 26 well as standards to measure each level of teacher
  6 27 performance.
  6 28    The department is directed to create a teacher remediation
  6 29 program to provide counseling and assistance for teachers
  6 30 whose students do not demonstrate adequate increases in
  6 31 achievement.
  6 32    The bill creates an Iowa teacher excellence fund, within
  6 33 the office of the treasurer of state, to be administered by
  6 34 the task force to provide grants for the program.
  6 35    The task force is part of the executive branch of
  7  1 government, but the legislative services agency is charged
  7  2 with providing technical and administrative support to the
  7  3 task force upon request.  The agency is authorized to use up
  7  4 to $50,000 of the moneys annually appropriated for the program
  7  5 to provide assistance to the task force and monitor the
  7  6 program.  The task force is authorized to use up to $200,000
  7  7 of the moneys annually appropriated for the program for
  7  8 consultation services in coordination with the agency.
  7  9    The task force and the demonstration program are repealed
  7 10 effective June 30, 2013.
  7 11    The bill takes effect upon enactment.
  7 12 LSB 1658XS 83
  7 13 kh/sc/8