House File 2288 - Introduced HOUSE FILE 2288 BY BYRNES A BILL FOR An Act relating to the use and distribution of teacher salary 1 and professional development funds under the student 2 achievement and teacher quality program. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5959YH (2) 84 kh/nh
H.F. 2288 Section 1. Section 256G.4, subsection 3, paragraph a, 1 subparagraph (2), subparagraph divisions (a), (b), and (c), 2 Code 2011, are amended to read as follows: 3 (a) One member representing prekindergarten through grade 4 six public school teachers, who is also may be a participating 5 member of a teacher quality committee if such a committee is 6 created pursuant to section 284.4, subsection 1 , paragraph “c” . 7 (b) One member representing grade seven through grade nine 8 public school teachers, who is also may be a participating 9 member of a teacher quality committee if such a committee is 10 created pursuant to section 284.4, subsection 1 , paragraph “c” . 11 (c) One member representing grade ten through grade twelve 12 public school teachers, who is also may be a participating 13 member of a teacher quality committee if such a committee is 14 created pursuant to section 284.4, subsection 1 , paragraph “c” . 15 Sec. 2. Section 256G.4, subsection 4, paragraph a, 16 subparagraphs (6), (7), and (8), Code 2011, are amended to read 17 as follows: 18 (6) One member representing prekindergarten through grade 19 six public school teachers, who is also may be a participating 20 member of a teacher quality committee if such a committee is 21 created pursuant to section 284.4, subsection 1 , paragraph “c” . 22 (7) One member representing grade seven through grade nine 23 public school teachers, who is also may be a participating 24 member of a teacher quality committee if such a committee is 25 created pursuant to section 284.4, subsection 1 , paragraph “c” . 26 (8) One member representing grade ten through grade twelve 27 public school teachers, who is also may be a participating 28 member of a teacher quality committee if such a committee is 29 created pursuant to section 284.4, subsection 1 , paragraph “c” . 30 Sec. 3. Section 284.3A, subsection 1, Code 2011, is amended 31 to read as follows: 32 1. a. For the school year beginning July 1, 2009, if If 33 the licensed employees of a school district or area education 34 agency receiving funds pursuant to sections 257.10 and 257.37A 35 -1- LSB 5959YH (2) 84 kh/nh 1/ 5
H.F. 2288 are organized under chapter 20 for collective bargaining 1 purposes, the school board and the certified bargaining 2 representative for the licensed employees shall may negotiate 3 the distribution of the funds among the teachers employed by 4 the school district or area education agency according to 5 chapter 20 . 6 b. If the licensed employees of a school district or area 7 education agency are not organized for collective bargaining 8 purposes, or if the parties to a negotiation entered into 9 pursuant to paragraph “a” fail to reach an agreement, the board 10 of directors shall determine the method of distribution of such 11 funds based upon the student achievement needs of the school 12 district . 13 c. For the school years beginning July 1, 2008, and 14 July 1, 2009, a school district or area education agency 15 receiving funds pursuant to sections 257.10 and 257.37A , shall 16 determine the amount to be paid to teachers in accordance with 17 this subsection and the amount determined to be paid to an 18 individual teacher shall be divided evenly by the appropriate 19 number of pay periods and paid in each pay period of the fiscal 20 year beginning with the October payroll. 21 Sec. 4. Section 284.4, subsection 1, paragraph c, Code 2011, 22 is amended to read as follows: 23 c. Determine the use and distribution of professional 24 development funds calculated and paid to the school district or 25 area education agency as provided in section 257.9, subsection 26 10, or section 257.10, subsection 10, using one of the 27 following options in the indicated order of priority: 28 (1) Create a teacher quality committee , subject to the 29 approval of both a majority of the administrators and a 30 majority of the teachers employed by the school district 31 or area education agency . The committee shall have equal 32 representation of administrators and teachers. The teacher 33 members shall be appointed by the certified employee 34 organization if one exists, and if not, by the school 35 -2- LSB 5959YH (2) 84 kh/nh 2/ 5
H.F. 2288 district’s or agency’s administration. The administrator 1 members shall be appointed by the school board. However, if a 2 school district can demonstrate that an existing professional 3 development, curriculum, or student improvement committee has 4 significant stakeholder involvement and a leadership role in 5 the school district, the appointing authorities may mutually 6 agree to assign to the existing committee the responsibilities 7 set forth in this paragraph “c” , to appoint members of the 8 existing committee to the teacher quality committee, or to 9 authorize the existing committee to serve in an advisory 10 capacity to the teacher quality committee. The committee shall 11 do all of the following: 12 (1) (a) Monitor the implementation of the requirements 13 of statutes and administrative code provisions relating to 14 this chapter , including requirements that affect any agreement 15 negotiated pursuant to chapter 20 . 16 (2) (b) Monitor the evaluation requirements of this 17 chapter to ensure evaluations are conducted in a fair and 18 consistent manner throughout the school district or agency. 19 In addition to any negotiated evaluation procedures, develop 20 model evidence for the Iowa teaching standards and criteria. 21 The model evidence will minimize paperwork and focus on teacher 22 improvement. The model evidence will determine which standards 23 and criteria can be met with observation and which evidence 24 meets multiple standards and criteria. 25 (3) (c) Determine, following the adoption of the Iowa 26 professional development model by the state board of education, 27 the use and distribution of the professional development 28 funds calculated and paid to the school district or agency as 29 provided in section 257.9, subsection 10 , or section 257.10, 30 subsection 10 , based upon school district or agency, attendance 31 center, and individual teacher and professional development 32 plans. 33 (4) (d) Monitor the professional development in each 34 attendance center to ensure that the professional development 35 -3- LSB 5959YH (2) 84 kh/nh 3/ 5
H.F. 2288 meets school district or agency, attendance center, and 1 individual professional development plans. 2 (5) (e) Ensure the agreement negotiated pursuant to chapter 3 20 determines the compensation for teachers on the committee 4 for work responsibilities required beyond the normal work day. 5 (2) The school district or area education agency board 6 of directors shall collaborate with the certified employee 7 organization, if one exists, to determine the use and 8 distribution of the professional development funds based 9 upon the school district or agency, attendance center, and 10 individual teacher and professional development plans developed 11 in accordance with this chapter. However, a decision on 12 the use and distribution of professional development funds 13 calculated and paid to the school district or area education 14 agency as provided in section 257.9, subsection 10, or section 15 257.10, subsection 10, rendered by a board of directors in 16 accordance with this subparagraph is final. 17 EXPLANATION 18 This bill provides options to requirements established under 19 the student achievement and teacher quality program for the 20 use and distribution of teacher salary funds calculated and 21 paid to a school district or area education agency through the 22 categorical professional development supplement of the state 23 school foundation program. 24 Currently, the program requires distribution of teacher 25 salary funds to be determined by negotiations between 26 the school or agency board of directors and the certified 27 bargaining representative for the licensed employees if the 28 employees are organized for collective bargaining purposes. 29 If the employees are not organized for collective bargaining 30 purposes, the board of directors determines the method of 31 distribution. 32 Under the bill, the board of directors may negotiate the 33 distribution of the teacher salary funds with the certified 34 bargaining representative for the licensed employees, but 35 -4- LSB 5959YH (2) 84 kh/nh 4/ 5
H.F. 2288 if the parties fail to reach an agreement, the board shall 1 determine the method of distribution of such funds based upon 2 the student achievement needs of the school district. 3 Currently, school districts and area education agencies 4 are required to create a teacher quality committee, which is 5 charged with, among other duties, determining the use and 6 distribution of the professional development funds based upon 7 school district or agency, attendance center, and individual 8 teacher and professional development plans. 9 The bill provides that the school district or agency 10 must create the committee only if both a majority of the 11 administrators and a majority of the teachers employed by the 12 district or agency approve of the committee’s creation. If a 13 committee is not created, the bill provides that the school 14 district or agency board of directors must collaborate with the 15 certified employee organization, if one exists, to determine 16 the use and distribution of professional development funds 17 based upon the school district or agency, attendance center, 18 and individual teacher and professional development plans, but 19 a decision on the use and distribution of the funds rendered by 20 a board of directors is final. 21 The bill eliminates an obsolete provision and makes 22 conforming changes. 23 -5- LSB 5959YH (2) 84 kh/nh 5/ 5