AMENDMENT FOR PRINTED BILL
1262ca
___________________ moved that HB 1262 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. There is hereby established a three-level classification system for certified teachers
and school service specialists that provides for a minimum annual salary for each certified teacher
or school service specialist within each level and requires a teacher or school service specialist
to demonstrate increased competency and professional growth in order to progress from one
level to the next within the system. For the purposes of this Act, a school service specialist is a
school counselor, school library media education specialist, school psychologist, speech/language
pathologist, school social worker, special education director, or curriculum director.
Section 2. For the purposes of this Act, on July 1, 2009, any certified teacher with less than
three years of teaching experience or any school service specialist with less than three years of
experience providing direct services to students is classified at Level I. On July 1, 2009, any
certified teacher with three or more years of teaching experience or any school service specialist
with three or more years of experience providing direct services to students is classified at Level
II, and shall receive a salary increase of one thousand dollars above the salary the teacher or
school service specialist would have otherwise received for the current school fiscal year.
On July 1, 2010, any certified teacher with six or more years of teaching experience who
meets the qualifications in subdivisions (1) and (3) of section 6 of this Act is classified at Level
III, and shall receive a salary increase of four thousand dollars above the salary the teacher would
have otherwise received for the current school fiscal year. On July 1, 2010, any school service
specialist with six or more years of experience providing direct services to students who meets
the qualifications in subdivisions (1) and (3) of section 8 of this Act is classified at Level III, and
shall receive a salary increase of four thousand dollars above the salary the school service
specialist would have otherwise received for the current school fiscal year.
Section 3. The minimum annual salary for any teacher or school service specialist at Level
I is as follows:
(1) For school fiscal year 2010, the minimum annual salary is twenty-eight thousand
dollars;
(2) For school fiscal year 2011, the minimum annual salary is thirty thousand dollars;
(3) For school fiscal year 2012, the minimum annual salary is thirty-two thousand dollars;
(4) For school fiscal year 2013, the minimum annual salary is thirty-four thousand five
hundred dollars; and
(5) For school fiscal year 2014, the minimum annual salary is thirty-six thousand five
hundred dollars; and
(6) For school fiscal year 2015 and thereafter, the minimum annual salary is thirty-nine
thousand dollars.
Any teacher or school service specialist who progresses from Level I to Level II shall receive
a salary increase of one thousand dollars above the salary the teacher or school service specialist
would have otherwise received for the current school fiscal year. Any teacher or school service
specialist who progresses from Level II to Level III shall receive a salary increase of four
thousand dollars above the salary the teacher or school service specialist would have otherwise
received for the current school fiscal year.
Section 4. In order to advance from Level I to Level II, a teacher shall:
(1) Complete a mentoring or induction program approved by the Department of
Education;
(2) Demonstrate competency, as determined by an administrator trained pursuant to
section 13 of this Act, in professional growth and classroom achievement through the
annual evaluation process required in section 10 of this Act. Classroom achievement
may be measured using standardized achievement tests, classroom exams, student
observations, and other assessments;
(3) Complete three years of teaching at Level I; and
(4) Demonstrate the increased competency required for Level II by passing an assessment
approved by the Department of Education that measures the skills of beginning
teachers in a classroom setting.
In order to maintain teacher certification pursuant to
§
13-42-3, a Level I teacher shall
progress to Level II no later than the fifth year of teaching.
Section 5. At Level II, a teacher shall:
(1) Submit a professional development plan and complete the hours of coursework
necessary to maintain teacher certification pursuant to
§
13-42-3; and
(2) Demonstrate competency, as determined by an administrator trained pursuant to
section 13 of this Act, in professional growth and classroom achievement through the
annual evaluation process required in section 10 of this Act. Classroom achievement
may be measured using standardized achievement tests, classroom exams, student
observations, and other assessments.
Section 6. Once a teacher progresses to Level II, the teacher may remain at that level or
progress to Level III. In order to progress to Level III, a teacher shall:
(1) Earn an advanced degree including a master's, specialist's, or doctorate or obtain a
national certification as approved by the Board of Education based on the criteria
established pursuant to section 15 of this Act;
(2) Complete at least three years of teaching at Level II; and
(3) Demonstrate competency, as determined by an administrator trained pursuant to
section 13 of this Act, in professional growth and classroom achievement through the
annual evaluation process required in section 10 of this Act. Classroom achievement
may be measured using standardized achievement tests, classroom exams, student
observations, and other assessments.
Section 7. In order to advance from Level I to Level II, a school service specialist shall:
(1) Complete a mentoring or induction program approved by the Department of
Education; and
(2) Demonstrate competency, as determined by an administrator trained pursuant to
section 13 of this Act, through the annual evaluation process required in section 12
of this Act.
Section 8. Once a school service specialist progresses to Level II, the school service
specialist may remain at that level or progress to Level III. In order to progress to Level III, a
school service specialist shall:
(1) Earn an advanced degree including a master's, specialist's, or doctorate or obtain a
national certification as approved by the Board of Education based on the criteria
established pursuant to section 15 of this Act;
(2) Complete at least three years of providing direct services to students at Level II; and
(3) Demonstrate competency, as determined by an administrator trained pursuant to
section 13 of this Act, through the annual evaluation process required in section 12
of this Act.
Section 9. In addition to the minimum salaries established in this Act, any school district that
hires a teacher or school service specialist in an area of need shall pay that teacher or school
service specialist a signing bonus of five thousand dollars. The secretary of education shall
determine the areas of need for each school year based upon teacher or school service specialist
shortages, geography, and other factors and report those areas of need to each school district.
Section 10. The school board of each local school district shall implement an evaluation
system for the school district's certified teachers that includes observation of each certified
teacher in the teacher's workplace.
Section 11. The certified teacher evaluation system shall:
(1) Include professional performance standards established pursuant to section 11 of this
Act;
(2) Require at least two observations during each school year for the evaluation of each
Level I teacher as defined in this Act;
(3) Require at least one observation during each school year for the evaluation of each
Level II or Level III teacher as defined in this Act who met the school district
performance standards during the previous school year; and
(4) Include an improvement plan for any certified teacher whose performance does not
meet the school district's performance standards, unless the teacher's performance is
just cause for termination pursuant to
§
13-43-6.1.
Section 12. The school board of each local school district shall also implement an evaluation
system for the school district's school service specialists that includes annual evaluations of all
school service specialists within the district based upon the criteria established by the Board of
Education pursuant to section 15 of this Act.
Section 13. Each school district shall, at least once a year, provide training to the certified
teachers and school service specialists who are subject to the evaluation systems. The training
shall address the procedures of the evaluation systems, the standards that the school district uses
to evaluate the performance of its certified teachers and school service specialists, and any other
appropriate topics as determined by the school district. Each school district shall also provide
annual training to administrators on how to conduct the evaluations required in section 10 and
12 of this Act.
Section 14. The Department of Education shall promulgate rules pursuant to chapter 1-26
establishing the criteria the department will use to approve school district mentoring and
induction programs, establishing the assessment required of teachers progressing to Level II, and
providing for the performance standards that school districts will use to evaluate certified
teachers.
Section 15. The Board of Education shall promulgate rules pursuant to chapter 1-26
establishing the criteria the school districts will use to evaluate school service specialists and to
establish the criteria and the annual review process that the board will use to determine the
national certifications that will be recognized to allow a teacher or school service specialist to
progress to Level III.
Section 16. That
§
13-43-6.1
be amended to read as follows:
13-43-6.1.
A 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 17. That
§
13-43-6.2
be repealed.
13-43-6.2.
If nonrenewal of a teacher is contemplated under § 13-43-6.1, 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 18. 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 school board may or may not renew the teacher's contract. 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.
After a teacher is in or beyond the fourth consecutive term of employment as a teacher with
the school district, §§ 13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract.
On or before April fifteenth, the superintendent or chief executive officer shall notify the teacher
and the school board in writing of the recommendation to not renew the teacher's contract.
Acceptance by the teacher of an offer from the district to enter into a new contract with the
teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in
the manner specified constitutes the termination of the existing contract between the teacher and
the district at the end of its term.
Section 19. That
§
13-43-6.4
be repealed.
13-43-6.4.
Notwithstanding §§ 13-43-6.1 to 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 20. 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 a 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 21. That
§
13-43-6.8
be amended to read as follows:
13-43-6.8.
Delivery of any notification to the teacher pursuant to
§
13-43-6.2 or
13-43-6.7
shall be established by certified mail with return receipt signed by the teacher, personal delivery
evidenced by a receipt signed by the teacher, or affidavit of personal service made by a person
authorized to effect personal service.
Section 22. That
§
13-43-6.9
be amended to read as follows:
13-43-6.9.
Delivery of a written request for a hearing provided by
§
13-43-6.2 or
13-43-6.7
shall be established by certified mail with return receipt signed by the superintendent, chief
executive officer, or board member, or a person authorized to accept certified mail for the
district, or personal delivery evidenced by a receipt signed by the superintendent, chief executive
officer, or board member, or an affidavit of personal service upon the district made by a person
authorized to effect personal service no later than fifteen days after receipt of the notice by the
teacher.
Section 23. This Act is effective on July 1, 2009."