___________________ moved that HB 1234 be amended as follows:
Section 2. Participation in the math and science teacher incentive program is voluntary for
teachers, and incentive rewards are to supplement but not replace what a teacher receives under a
contract between the teacher and the school district or a collective bargaining agreement between
a district and the district's teachers. No collective bargaining agreement between a district and the
district's teachers may limit the ability of a teacher to qualify for or receive an incentive reward.
Nothing in sections 1 to 6, inclusive, of this Act is intended to create a contractual right or property
right in the math and science teacher incentive program.
Section 3. The Department of Education shall provide application forms for teachers wishing to
participate in the math and science teacher incentive program. A teacher wishing to participate in the
program shall complete and sign the form and provide the form to the business office of the school
district by the close of business on October first of the teacher's first year of teaching, pursuant to the
requirements of section 4 of this Act, to be eligible for the program. A teacher does not need to
reapply each year unless the teacher switches employment to another school district. Completed
applications are a public record pursuant to chapter 1-27, but personal information in the applications
may be redacted as allowed by that chapter.
Section 4. To be eligible for the math and science teacher incentive program, a teacher shall
fulfill the following requirements:
Section 5. By March first of each year, the school board of each district shall submit to the
Department of Education a copy of the application of each teacher eligible for the math and science
teacher incentive program for the current school year pursuant to the requirements of this Act. The
Department of Education may require additional information from the district as necessary to verify
each teacher's eligibility for the reward. The department may refuse to issue a reward for any teacher
for whom the information required by this section is not provided by the deadline.
Section 6. The amount of the reward under the math and science teacher incentive program is
nine thousand four hundred twenty-five dollars per eligible teacher to be distributed as described in
this section. No later than May first of each year, at the same time that foundation program state aid
is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary of
the Department of Education shall distribute funds for the math and science teacher incentive
program for teachers that qualify pursuant to this Act. These funds shall be distributed in lump sum
payments.
Section 8. Participation in the top teachers reward program is voluntary for teachers, and such
rewards shall supplement but not replace what a teacher receives under a contract between the
teacher and the school district or a collective bargaining agreement between a district and the
district's teachers. No collective bargaining agreement between a district and the district's teachers
may limit the ability of a teacher to qualify for or receive a top teacher reward. Nothing in sections
7 to 15, inclusive, of this Act is intended to create a contractual right or property right in the top
teachers reward program.
Section 9. In each school year, up to twenty percent of each school district's full-time equivalent
certified teaching positions, as measured by the district's annual teacher data collection pursuant to
§ 13-3-51 and any rules promulgated pursuant to that section, shall be eligible to receive a top
teacher reward, subject to the requirements of this Act. The Department of Education shall multiply
the number of full-time equivalent certified teaching positions in the district by twenty percent. If
this calculation results in a fraction, the maximum number of eligible positions may not exceed the
next lowest whole number. If there are fewer than five full-time equivalent certified teaching
positions in a school district, the maximum number of eligible positions shall be one.
Section 10. No later than May first of each year, at the same time that foundation program state
aid is distributed to a school district pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary
of the Department of Education shall inform each school district of the number of eligible positions
in that district for the current school year, based on the calculation in section 9 of this Act, and
distribute to each school district five thousand seven hundred dollars per eligible position. These
funds shall be distributed in lump sum payments. The school district shall retain these funds until
distribution pursuant to section 11 of this Act.
Section 11. No later than September first of each year, the school district shall distribute the
funds received pursuant to section 10 of this Act as follows:
Section 12. The Department of Education shall provide application forms for teachers wishing
to participate in the top teachers reward program. A teacher wishing to participate in the program
shall complete and sign the form and provide the form to the business office of the school district
by the close of business on October first to be eligible for the program for that school year. A teacher
wishing to participate shall submit a new application for each school year. Completed applications
are a public record pursuant to chapter 1-27, but personal information in the applications may be
redacted pursuant to that chapter.
Section 13. A participating teacher shall be full-time and receive a distinguished rating, as
referenced in section 28 of this Act, on the teacher's most recent evaluation to be eligible for a top
teacher reward. In addition, a distinguished teacher's selection for the reward may be based on
consideration of the following factors as determined by the school board:
Section 15. The Department of Education may require each school district to provide any
information necessary to verify the district's compliance with sections 10 to 14, inclusive, of this Act.
Upon a finding of noncompliance, the department may require the district to return any funds
distributed contrary to the requirements of this Act.
Section 16. Notwithstanding any other provisions of this Act, public school districts may opt out
of the top teacher reward program by providing written notice to the Department of Education. The
notice shall be approved by a majority of the school board and signed by the school board president.
The department shall provide forms for this purpose. Beginning in 2014, the notice shall be
postmarked no earlier than January first, and no later than January thirty-first, of each year in order
to be effective for the next school year. The district shall provide a separate form for each school
year for which the district desires to opt out. If a school district fails to follow the requirements of
this section, the attempt to opt out is void, and the district shall comply with the requirements of the
top teacher reward program.
Section 17. If a school district opts out pursuant to section 16 of this Act, all funds which the
district would have been eligible to receive for the top teacher program pursuant to this Act shall be
redistributed as follows:
school district that did not opt out of the top teacher reward program or is participating
in a local teacher reward program pursuant to sections 18 to 25, inclusive, of this Act.
Each district's pro rata share of the redistribution amount shall be based on the number
of full-time equivalent certified teacher positions in the district, as measured by the
district's annual teacher data collection pursuant to § 13-3-51 and any rules promulgated
pursuant to that section; and
Section 19. The local teacher reward plan shall reward certified teachers in the district based
upon the following criteria:
Section 22. There is hereby established the Local Teacher Reward Plan Oversight Board. The
board shall consist of the following members:
Section 24. If a district's local teacher reward plan is approved, the Department of Education
shall calculate the number of positions in the district that would have been eligible for the top teacher
reward program pursuant to section 9 of this Act and multiply that calculation by five thousand seven
hundred dollars. No later than May first of each year, at the same time that foundation program state
aid is distributed to the district pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary of the
Department of Education shall distribute this amount to the district in a lump sum payment.
Section 25. No later than September first of each year, the district shall distribute the funds received pursuant to section 24 of this Act to each certified teacher selected for a reward under the
local teacher reward program for the previous school year, but the district may withhold an amount
necessary to pay the district's share of applicable federal taxes, the district's share of contributions
to the South Dakota Retirement System, and administrative costs. Any funds not distributed
according to this section shall be returned to the Department of Education within thirty days.
Section 26. A teacher may apply for both the math and science teacher incentive program and
the top teachers reward program established pursuant to this Act or both the math and science teacher
incentive program and the local teacher reward plan established pursuant to this Act.
Section 27. That § 13-42-34 be amended to read as follows:
13-42-34. Any public school district seeking state accreditation shall evaluate the performance
of each certified teacher in years one through to three, inclusive, not less than annually, and each
certified teacher in the fourth contract year or beyond, not less than every other year.
13-42-34. Any public school district seeking state accreditation shall evaluate the performance
of each certified teacher in years one through three not less than annually, and each certified teacher
in the fourth contract year or beyond, not less than every other year. Beginning in the 2014-2015
school year, each certified teacher shall be evaluated on an annual basis.
validated assessments established pursuant to § 13-3-55. For those teachers in
grades and subjects for which there is no state-validated assessment for the
quantitative portion of the evaluation, teachers shall demonstrate success in
improving student achievement using objective measures, which can include
portfolio assessments, end-of-course exams, or other district approved assessments
which demonstrate student growth; and
Section 30. That § 13-42-35 be amended to read as follows:
13-42-35. A work group appointed by the secretary of education shall provide input in
developing the standards for defining the four-tier rating system required by section 28 of this Act
and shall develop in developing a model evaluation instrument that may shall be used by school
districts for the 2014-2015 school year and subsequent school years. The work group shall consist
of the following members:
Section 32. That chapter 3-18 be amended by adding thereto a NEW SECTION to read as
follows:
Section 33. The Board of Education shall promulgate rules pursuant to chapter 1-26 to establish
minimum professional performance standards for certified principals in South Dakota public schools,
and to establish best practices for the evaluation of the performance of certified principals that shall
be used by individual school districts. The South Dakota Board of Education shall promulgate rules
pursuant to chapter 1-26 establishing standards for defining the four-tier rating system required by
section 34 of this Act and adopting the model evaluation instrument referenced in section 35 of this
Act.
Section 34. Beginning in the 2014-2015 school year, any public school district seeking state
accreditation shall evaluate the performance of each certified principal not less than every other year.
Section 37. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as
follows:
fourth consecutive term of employment as a teacher with the school district prior to July 1, 2012. If,
prior to July 1, 2012, the school district and the teacher have entered into a contract pursuant to
§§ 13-43-4 and 13-43-5 for the teacher's fourth consecutive term of employment with the district or
a subsequent consecutive term of employment with the district, then that teacher is a tenured teacher
for purposes of this chapter. The term, nontenured teacher, means a teacher who is not yet in or
beyond the fourth consecutive term of employment as a teacher with the school district prior to
July 1, 2012. Any teacher who is not in or beyond the fourth consecutive term of employment with
the school district prior to July 1, 2012, may not acquire continuing contract status under this
chapter.
Section 38. That § 13-43-6 be amended to read as follows:
13-43-6. The contract shall specify the date at or about which the school shall begin, the term of
employment, the wages per month, and the time of payment thereof; such of wages. The contract
shall be signed in duplicate and one copy filed in the office of the business manager and the other
retained by the teacher. Such The contract may be issued covering any period of years, not to exceed
three employment up to one year, over which a teacher holds a certificate which will shall remain
valid without renewal.
Section 39. That § 13-43-6.1 be amended to read as follows:
13-43-6.1. A tenured or nontenured teacher may be terminated, by the school board, at any time
for just cause, including breach of contract, poor performance, incompetency, gross immorality,
unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation
of the school district. A school district may nonrenew a teacher who is in or beyond the fourth
consecutive term of employment as a teacher with the school district pursuant to § 13-43-6.3 for just
cause, including breach of contract, poor performance, incompetency, gross immorality,
unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation
of the school district.
Section 40. That § 13-43-6.2 be amended to read as follows:
13-43-6.2. If nonrenewal of a tenured teacher is contemplated under § 13-43-6.1 § 13-43-6.3, the
superintendent or chief executive officer shall give written notice of an intention to recommend
nonrenewal to the teacher and the school board; a written statement of the reasons for the
recommendation; access to the employment records of the teacher; the opportunity to the teacher for
a hearing before the school board to present reasons in person or in writing why the nonrenewal
should not occur; and the opportunity to be represented. The teacher shall request the hearing as
provided in § 13-43-6.9. The school board shall conduct the hearing not sooner than fourteen days,
nor later than forty-five days, after receipt of the teacher's request for hearing. The parties may waive
the time limitations provided for in this section.
Section 41. That § 13-43-6.3 be amended to read as follows:
13-43-6.3. Until a teacher is in or beyond the fourth consecutive term of employment as a teacher
with the school district, a A school board may or may not renew the teacher's contract of a
nontenured teacher. The superintendent or chief executive officer shall give written notice of
nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal.
school district, §§ 13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract. A
school board may refuse to renew the teacher's contract of a tenured teacher for just cause, including
breach of contract, poor performance, a rating of unsatisfactory on two consecutive evaluations
pursuant to section 28 of this Act, incompetency, gross immorality, unprofessional conduct,
insubordination, neglect of duty, or the violation of any policy or regulation of the school district.
On or before April fifteenth, the superintendent or chief executive officer shall notify the tenured
teacher and the school board in writing of the recommendation to not renew the teacher's contract.
Section 42. That § 13-43-6.4 be amended to read as follows:
13-43-6.4. Notwithstanding §§ 13-43-6.1 to §§ 13-43-6.2 and 13-43-6.3, inclusive, if a teacher's
contract is not renewed due to a reduction in staff, only written notice is required, which shall be
provided by the school board to the teacher by April fifteenth.
Section 43. That § 13-43-6.6 be amended to read as follows:
13-43-6.6. Although a collective bargaining agreement between a district and its teachers may
set forth specific additional grounds for termination or set forth provisions as to the procedure or
notice, no agreement may limit the district's right to terminate or refuse to renew the contract of a
tenured or nontenured teacher for the grounds set forth in §§ 13-43-6.1 to 13-43-6.3, inclusive. No
agreement may limit the protection afforded to a teacher under § 13-43-6.5.
Section 44. For purposes of this Act, the term, school year, means the regular school term as
referenced in § 13-26-2.
Section 45. That § 13-3-73 be repealed.
13-3-73. There is hereby created the teacher compensation assistance program within the
Department of Education to provide funds to school districts for the purpose of assisting school
districts with teacher compensation. School districts are eligible to receive funds from the teacher
compensation assistance program based on their fall enrollment numbers. The department shall
provide four-fifths of the funds for the teacher compensation assistance program to each participating
school district. The Board of Education shall promulgate rules, pursuant to chapter 1-26, to create
an oversight board appointed by the secretary of education for approval of applications as well as
guidelines for district applications based on district instructional goals, market compensation or other
specific district requirements as approved by the department. Participation in the program is
discretionary. District applications shall be approved by the local board of education. The
applications shall be reviewed by the teacher compensation assistance program oversight board and
shall be recommended to the Board of Education for final approval.
Section 46. That § 13-3-74 be repealed.
13-3-74. The Teacher Compensation Assistance Program Oversight Board shall annually monitor
the progress of participating school districts with their teacher compensation assistance plans, and
submit its findings to the Board of Education.
Section 47. That § 13-3-74.1 be repealed.
13-3-74.1. There is hereby established the Teacher Compensation Assistance Program Advisory
Council. The council shall be under the supervision of the Department of Education. The speaker
of the House of Representative shall appoint three members of the House of Representatives to the
council, including at least one member from each political party, and the president pro tempore of
the Senate shall appoint three members of the Senate to the council, including at least one member
from each political party. The Governor shall appoint the remaining members of the council,
including at least one teacher, one school administrator, and one representative of a statewide
education organization.
Section 48. That § 13-3-74.2 be repealed.
13-3-74.2. The council shall examine how teacher quality and teacher salaries in the state can
be enhanced, and how the funds appropriated in fiscal year 2010 and in subsequent fiscal years by
the state for the teacher compensation assistance program established in § 13-3-73 can best be
utilized to assist in that effort. The council shall consider a variety of issues surrounding teachers
including market compensation, a tiered licensure system, a system for evaluating teachers,
mentoring and induction programs for teachers, and continuing contracts for teachers.
Section 49. That § 13-3-74.3 be repealed.
13-3-74.3. The council shall complete its work and the secretary of education shall provide its
recommendations to the Governor and to the Executive Board of the Legislative Research Council
no later than November 15, 2008.
Section 50. That § 13-3-75 be repealed.
13-3-75. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26
establishing the application process; application timelines; the guidelines for district applications
based on school district instructional goals or market compensation; and a system to monitor the
progress of participating school districts with their compensation assistance plans and to ensure that
each participating school district is complying with the plan as submitted to the board.
Section 51. That § 13-3-83.1 be repealed.
13-3-83.1. Once all the school districts with approved applications have received their funding
pursuant to § 13-3-73, the Department of Education may set aside from any funds remaining, a sum
not to exceed one hundred thousand dollars from the teacher compensation assistance program
appropriation for the purpose of providing grants to educational cooperatives and multi-district
centers that employ teachers for public schools. The South Dakota Board of Education may
promulgate rules, pursuant to chapter 1-26, to establish the granting process. "