HF 2288 (LSB 5959YH (2) 84)

HOUSE FILE 2288

BY  BYRNES

A BILL FOR

An Act relating to the use and distribution of teacher salary and professional development funds under the student achievement and teacher quality program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256G.4, subsection 3, paragraph a, subparagraph (2), subparagraph divisions (a), (b), and (c), Code 2011, are amended to read as follows:
   (a)  One member representing prekindergarten through grade six public school teachers, who is also
 
may be a participating member of a teacher quality committee
 
if such a committee is created pursuant to section 284.4, subsection 1, paragraph “c”.
   (b)  One member representing grade seven through grade nine public school teachers, who is also
 
may be a participating member of a teacher quality committee
 
if such a committee is created pursuant to section 284.4, subsection 1, paragraph “c”.
   (c)  One member representing grade ten through grade twelve public school teachers, who is also
 
may be a participating member of a teacher quality committee
 
if such a committee is created pursuant to section 284.4, subsection 1, paragraph “c”.
    Sec. 2.  Section 256G.4, subsection 4, paragraph a, subparagraphs (6), (7), and (8), Code 2011, are amended to read as follows:
   (6)  One member representing prekindergarten through grade six public school teachers, who is also
 
may be a participating member of a teacher quality committee
 
if such a committee is created pursuant to section 284.4, subsection 1, paragraph “c”.
   (7)  One member representing grade seven through grade nine public school teachers, who is also
 
may be a participating member of a teacher quality committee
 
if such a committee is created pursuant to section 284.4, subsection 1, paragraph “c”.
   (8)  One member representing grade ten through grade twelve public school teachers, who is also
 
may be a participating member of a teacher quality committee
 
if such a committee is created pursuant to section 284.4, subsection 1, paragraph “c”.
    Sec. 3.  Section 284.3A, subsection 1, Code 2011, is amended to read as follows:
   1.
  a.  For the school year beginning July 1, 2009, if
 
If the licensed employees of a school district or area education agency receiving funds pursuant to sections 257.10 and 257.37A are organized under chapter 20 for collective bargaining purposes, the school board and the certified bargaining representative for the licensed employees shall
 
may negotiate the distribution of the funds among the teachers employed by the school district or area education agency according to chapter 20.
   b.  If the licensed employees of a school district or area education agency are not organized for collective bargaining purposes,
 
or if the parties to a negotiation entered into pursuant to paragraph “a” fail to reach an agreement, the board of directors shall determine the method of distribution of such funds
 
based upon the student achievement needs of the school district.
   c.  For the school years beginning July 1, 2008, and July 1, 2009, a school district or area education agency receiving funds pursuant to sections 257.10 and 257.37A, shall determine the amount to be paid to teachers in accordance with this subsection and the amount determined to be paid to an individual teacher shall be divided evenly by the appropriate number of pay periods and paid in each pay period of the fiscal year beginning with the October payroll.
    Sec. 4.  Section 284.4, subsection 1, paragraph c, Code 2011, is amended to read as follows:
   c.  Determine the use and distribution of professional development funds calculated and paid to the school district or area education agency as provided in section 257.9, subsection 10, or section 257.10, subsection 10, using one of the following options in the indicated order of priority:
   (1)  Create a teacher quality committee, subject to the approval of both a majority of the administrators and a majority of the teachers employed by the school district or area education agency. The committee shall have equal representation of administrators and teachers. The teacher members shall be appointed by the certified employee organization if one exists, and if not, by the school district’s or agency’s administration. The administrator members shall be appointed by the school board. However, if a school district can demonstrate that an existing professional development, curriculum, or student improvement committee has significant stakeholder involvement and a leadership role in the school district, the appointing authorities may mutually agree to assign to the existing committee the responsibilities set forth in this paragraph “c”, to appoint members of the existing committee to the teacher quality committee, or to authorize the existing committee to serve in an advisory capacity to the teacher quality committee. The committee shall do all of the following:
   (1)

(a)  Monitor the implementation of the requirements of statutes and administrative code provisions relating to this chapter, including requirements that affect any agreement negotiated pursuant to chapter 20.
   (2)

(b)  Monitor the evaluation requirements of this chapter to ensure evaluations are conducted in a fair and consistent manner throughout the school district or agency. In addition to any negotiated evaluation procedures, develop model evidence for the Iowa teaching standards and criteria. The model evidence will minimize paperwork and focus on teacher improvement. The model evidence will determine which standards and criteria can be met with observation and which evidence meets multiple standards and criteria.
   (3)

(c)  Determine, following the adoption of the Iowa professional development model by the state board of education, the use and distribution of the professional development funds calculated and paid to the school district or agency as provided in section 257.9, subsection 10, or section 257.10, subsection 10, based upon school district or agency, attendance center, and individual teacher and professional development plans.
   (4)

(d)  Monitor the professional development in each attendance center to ensure that the professional development meets school district or agency, attendance center, and individual professional development plans.
   (5)

(e)  Ensure the agreement negotiated pursuant to chapter 20 determines the compensation for teachers on the committee for work responsibilities required beyond the normal work day.
   (2)  The school district or area education agency board of directors shall collaborate with the certified employee organization, if one exists, to determine the use and distribution of the professional development funds based upon the school district or agency, attendance center, and individual teacher and professional development plans developed in accordance with this chapter. However, a decision on the use and distribution of professional development funds calculated and paid to the school district or area education agency as provided in section 257.9, subsection 10, or section 257.10, subsection 10, rendered by a board of directors in accordance with this subparagraph is final.
EXPLANATION
   This bill provides options to requirements established under the student achievement and teacher quality program for the use and distribution of teacher salary funds calculated and paid to a school district or area education agency through the categorical professional development supplement of the state school foundation program.
   Currently, the program requires distribution of teacher salary funds to be determined by negotiations between the school or agency board of directors and the certified bargaining representative for the licensed employees if the employees are organized for collective bargaining purposes. If the employees are not organized for collective bargaining purposes, the board of directors determines the method of distribution.
   Under the bill, the board of directors may negotiate the distribution of the teacher salary funds with the certified bargaining representative for the licensed employees, but if the parties fail to reach an agreement, the board shall determine the method of distribution of such funds based upon the student achievement needs of the school district.
   Currently, school districts and area education agencies are required to create a teacher quality committee, which is charged with, among other duties, determining the use and distribution of the professional development funds based upon school district or agency, attendance center, and individual teacher and professional development plans. 
   The bill provides that the school district or agency must create the committee only if both a majority of the administrators and a majority of the teachers employed by the district or agency approve of the committee’s creation. If a committee is not created, the bill provides that the school district or agency board of directors must collaborate with the certified employee organization, if one exists, to determine the use and distribution of professional development funds based upon the school district or agency, attendance center, and individual teacher and professional development plans, but a decision on the use and distribution of the funds rendered by a board of directors is final.
   The bill eliminates an obsolete provision and makes conforming changes.