2003 Legislation
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HOUSE BILL NO. 359 – Teachers, compensation, calculation

HOUSE BILL NO. 359

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H0359.............................................................by EDUCATION
TEACHER COMPENSATION - Amends and adds to existing law relating to teacher
compensation to create an alternative method to determine distribution amounts
and establish an alternative method for calculation of the district
salary-based apportionment; to prescribe the method for determination of the
performance allowance portion of a teacher's compensation; and to provide an
exemption from provisions governing contract renewal for the performance award
portion of instructional salary.
                                                                        
03/10    House intro - 1st rdg - to printing
03/11    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 359
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TEACHER COMPENSATION; PROVIDING A STATEMENT OF LEGISLATIVE INTENT;
  3        AMENDING SECTION 33-1004A, IDAHO CODE, TO CREATE AN ALTERNATIVE METHOD  TO
  4        DETERMINE  DISTRIBUTION AMOUNTS; AMENDING SECTION 33-1004E, IDAHO CODE, TO
  5        ESTABLISH AN ALTERNATIVE METHOD FOR CALCULATION OF  THE  DISTRICT  SALARY-
  6        BASED  APPORTIONMENT;  AMENDING  CHAPTER  10, TITLE 33, IDAHO CODE, BY THE
  7        ADDITION OF A NEW SECTION 33-1004H, IDAHO CODE, TO  PRESCRIBE  THE  METHOD
  8        FOR  DETERMINATION  OF  THE  PERFORMANCE  ALLOWANCE;  AND AMENDING SECTION
  9        33-515, IDAHO CODE, TO PROVIDE AN EXEMPTION FROM PROVISIONS GOVERNING CON-
 10        TRACT RENEWAL FOR THE PERFORMANCE AWARD PORTION OF INSTRUCTIONAL SALARY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1. LEGISLATIVE INTENT. It is legislative intent through the enact-
 13    ment of this revision to the teacher compensation scheme in Idaho to emphasize
 14    reward for excellence  in  the  classroom.  These  statutory  amendments  will
 15    require  the  State  Board  of  Education to develop rules for implementation.
 16    These rules should allow for maximum flexibility at the local  district  level
 17    so  that  school boards, school patrons, and teachers will have ample opportu-
 18    nity to assure that their district compensation  criteria  are  responsive  to
 19    local conditions, goals and objectives.
 20        The  compensation  principles  incorporated  in  this bill are intended to
 21    result, over time, in a distribution from state funds  which  commits  seventy
 22    percent  of  the  state  funding to the instructional base salary, and credits
 23    thirty percent of the state funding to performance allowance.  Any  additional
 24    local contribution to teacher compensation will become part of the performance
 25    component.  Each  district  will  determine the calculation of the performance
 26    component using their local formula and methodology to achieve distribution.
                                                                        
 27        SECTION 2.  That Section 33-1004A, Idaho Code, be, and the same is  hereby
 28    amended to read as follows:
                                                                        
 29        33-1004A.  EXPERIENCE  AND  EDUCATION  MULTIPLIER. Each iInstructional and
 30    staff positions shall be placed on the following table of multipliers if  they
 31    have more than five (5) years of experience, as determined by this section, on
 32    July 1, 2005. The number of years of experience necessary for an instructional
 33    staff  position  to  be  placed  on  the  experience and education table shall
 34    increase by one (1) year on each subsequent July 1 after July  1,  2005.  Each
 35    administrative  staff  position  shall  be  assigned an appropriate multiplier
 36    based upon the following table:
                                                                        
                                           2
                                                                        
  1                               EXPERIENCE AND EDUCATION
                                                                        
  2                                        MA      MA + 12   MA + 24  MA + 36
  3    Years    BA     BA + 12  BA + 24  BA + 36   BA + 48   BA + 60   ES/DR
  4      0    1.00000  1.03750  1.07640  1.11680   1.15870   1.20220  1.24730
  5      1    1.03750  1.07640  1.11680  1.15870   1.20220   1.24730  1.29410
  6      2    1.07640  1.11680  1.15870  1.20220   1.24730   1.29410  1.34260
  7      3    1.11680  1.15870  1.20220  1.24730   1.29410   1.34260  1.39290
  8      4    1.15870  1.20220  1.24730  1.29410   1.34260   1.39290  1.44510
  9      5    1.20220  1.24730  1.29410  1.34260   1.39290   1.44510  1.49930
 10      6    1.24730  1.29410  1.34260  1.39290   1.44510   1.49930  1.55550
 11      7    1.29410  1.34260  1.39290  1.44510   1.49930   1.55550  1.61380
 12      8    1.34260  1.39290  1.44510  1.49930   1.55550   1.61380  1.67430
 13      9    1.39290  1.44510  1.49930  1.55550   1.61380   1.67430  1.73710
 14     10    1.39290  1.49930  1.55550  1.61380   1.67430   1.73710  1.80220
 15     11    1.39290  1.49930  1.55550  1.61380   1.73710   1.80220  1.86980
 16     12    1.39290  1.49930  1.55550  1.61380   1.73710   1.86980  1.93990
 17    13 or
 18    more   1.39290  1.49930  1.55550  1.61380   1.73710   1.86980  2.01260
                                                                        
 19        In determining the experience factor, the  actual  years  of  teaching  or
 20    administrative service in an accredited public school or in an accredited pri-
 21    vate or parochial school shall be credited.
 22        In  determining  the  education  factor, only credits earned after initial
 23    certification, based upon a transcript on file with the teacher  certification
 24    office  of  the  state  department  of  education, earned at an institution of
 25    higher education accredited by the state board  of  education  or  a  regional
 26    accrediting  association,  shall be allowed. Instructional staff whose initial
 27    certificate is an occupational specialist certificate shall be treated  as  BA
 28    degree  prepared instructional staff. Credits earned by such occupational spe-
 29    cialist instructional staff after  initial  certification  shall  be  credited
 30    toward the education factor.
                                                                        
 31        SECTION  3.  That Section 33-1004E, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        33-1004E.  DISTRICT'S SALARY-BASED APPORTIONMENT. Each district  shall  be
 34    entitled  to  a salary-based apportionment calculated as provided in this sec-
 35    tion.
 36        1.  To determine the apportionment for those instructional staff which are
 37    eligible for placement on the experience and education index  as  provided  in
 38    section  33-1004A, Idaho Code, first determine the district average experience
 39    and education index by placing all  eligible  district  certificated  instruc-
 40    tional  employees  on  the statewide index provided in section 33-1004A, Idaho
 41    Code. The resulting average is the district index.  Districts  with  an  index
 42    above  the  state  average index shall receive their actual index but not more
 43    than the state average plus .03 for the 1994-95 school year, and shall receive
 44    their actual index but not more than  the  state  average  plus  .06  for  the
 45    1995-96 school year, and thereafter shall receive their actual district index.
 46    The  district  instructional  staff  index shall be multiplied by the instruc-
 47    tional base salary of $23,210. The amount so determined shall be multiplied by
 48    the district staff allowance for instructional staff determined as provided in
 49    section 33-1004 2., Idaho Code, The instructional salary allocation  shall  be
 50    increased  by  $1,000  for each teacher placed on step one, column one, of and
 51    shall then be further multiplied by the  percentage  of  full-time  equivalent
                                                                        
                                           3
                                                                        
  1    certificated  instructional  positions  that  are placed on the experience and
  2    education index. To determine the apportionment for certificated instructional
  3    staff not eligible for placement on the experience and  education  index  pro-
  4    vided  in  section 33-1004A, Idaho Code, multiply an instructional base salary
  5    of $25,000 by the district staff allowance for instructional staff  determined
  6    as  provided in section 33-1004 2., Idaho Code, and further multiply this fig-
  7    ure by the percentage of full-time equivalent certificated instructional posi-
  8    tions that are not placed on the experience and education index. The  district
  9    shall  receive  a  further  allocation of $3,000 for each full-time equivalent
 10    instructional position not placed on the experience and education index, to be
 11    awarded as performance pay, as provided in section 33-1004H, Idaho Code. Full-
 12    time instructional staff salaries shall be determined from a  salary  schedule
 13    developed by each district and submitted to the state department of education.
 14    No  full-time  instructional  staff  member  shall be paid less than the state
 15    instructional base salary plus $1,000, or $25,000, whichever is greater. If an
 16    instructional staff member has been certified by the national board  for  pro-
 17    fessional teaching standards, the staff member shall be designated as a master
 18    teacher and receive $2,000 per year for five (5) years. The instructional sal-
 19    ary shall be increased by $2,000 for each master teacher. The resulting amount
 20    is the district's salary-based apportionment for instructional staff. For pur-
 21    poses  of  this section, teachers qualifying for the salary increase as master
 22    teacher shall be those who have been recognized as  national  board  certified
 23    teachers as of July 1 of each year.
 24        2.  To  determine  the  apportionment  for  district administrative staff,
 25    first determine the district average experience and education index by placing
 26    all eligible certificated administrative employees on the statewide index pro-
 27    vided in section 33-1004A, Idaho Code. The resulting average is  the  district
 28    index.  Districts  with  an  index above the state average index shall receive
 29    their actual index but not more than the state average plus .03 for the school
 30    year 1994-95, and shall receive their actual index but not more than the state
 31    average index plus .06 for the  1995-96  school  year,  and  thereafter  shall
 32    receive  their  actual district index. The district administrative staff index
 33    shall be multiplied by the base salary of $33,760. The  amount  so  determined
 34    shall  be  multiplied by the district staff allowance for administrative staff
 35    determined as provided in section 33-1004 3., Idaho Code. The resulting amount
 36    is the district's salary-based apportionment for administrative staff.
 37        3.  To determine the apportionment for classified staff, multiply  $18,463
 38    by  the  district classified staff allowance determined as provided in section
 39    33-1004 4., Idaho Code. The amount so determined is the district's  apportion-
 40    ment for classified staff.
 41        4.  The  district's  salary-based  apportionment  shall  be the sum of the
 42    apportionments calculated in subsections 1., 2. and 3., of this section,  plus
 43    the benefit apportionment as provided in section 33-1004F, Idaho Code.
                                                                        
 44        SECTION  4.  That  Chapter  10, Title 33, Idaho Code, be, and the same  is
 45    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 46    ignated as Section 33-1004H, Idaho Code, and to read as follows:
                                                                        
 47        33-1004H.  PERFORMANCE  ALLOWANCE.  Each  school district shall establish,
 48    within the limits provided in this section, a performance allowance committee.
 49    Depending upon the size of the district, more than one (1)  committee  may  be
 50    established  within  a single district. Each committee shall be composed of at
 51    least five (5) members which shall include a principal or other administrator,
 52    two (2) parents of a  child  or  children  in  the  district,  a  certificated
 53    instructional  staff person and a representative of the public. If the commit-
                                                                        
                                           4
                                                                        
  1    tee is larger than five (5) members then the same ratio of membership composi-
  2    tion shall apply. Evaluations shall be conducted on the basis of uniform  per-
  3    formance evaluation criteria adopted by the district board of trustees and all
  4    evaluation  materials  shall be confidential. A minimum of fifty percent (50%)
  5    of the evaluation criteria shall be based upon student performance. Experience
  6    factors and educational factors shall not be included in the determination  of
  7    performance allowance. The remaining fifty percent (50%) of the evaluation may
  8    include, but is not limited to: administrator evaluations, parent evaluations,
  9    peer  evaluations,  student  performance,  mentoring of other staff, and other
 10    criteria deemed appropriate by the board.
 11        From the performance allowance allocation from the foundation support pro-
 12    gram, each district shall calculate an individual teacher's  allocation  as  a
 13    proportion  that  the  individual's performance ranking is to the total of all
 14    performance rankings of the district.
 15        The district shall determine the salary of an individual teacher  as  fol-
 16    lows:  from the instructional allocation, each teacher shall first be credited
 17    the base salary of twenty-five thousand dollars ($25,000) and to that shall be
 18    added the performance allowance as determined by  the  performance  committee.
 19    Any  salary funds added by the district to the moneys credited to the district
 20    from the salary-based apportionment  shall  be  included  in  the  performance
 21    allowance portion of teacher salary.
                                                                        
 22        SECTION  5.  That  Section  33-515, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. During the third  full  year  of
 25    continuous  employment  by  the  same school district, including any specially
 26    chartered district, each certificated employee named in subsection 16. of sec-
 27    tion 33-1001, Idaho Code, and each school nurse and school librarian shall  be
 28    evaluated  for a renewable contract and shall, upon having been offered a con-
 29    tract for the next ensuing year, having given notice of acceptance of  renewal
 30    and  upon  signing a contract for a fourth full year, be placed on a renewable
 31    contract status with said school district subject to the  provisions  included
 32    in this chapter.
 33        After  the  third  full year of employment and at least once annually, the
 34    performance of each  such  certificated  employee,  school  nurse,  or  school
 35    librarian  shall be evaluated according to criteria and procedures established
 36    by the board of trustees in accordance with general guidelines approved by the
 37    state board of education. Except as otherwise provided, that person shall have
 38    the right to automatic renewal of contract by giving notice,  in  writing,  of
 39    acceptance  of renewal. Such notice shall be given to the board of trustees of
 40    the school district then employing such person not later than the first day of
 41    June preceding the expiration of the term of the current contract.  Except  as
 42    otherwise  provided by this paragraph, the board of trustees shall notify each
 43    person entitled to be employed on a renewable contract of the requirement that
 44    such person must give the notice hereinabove and that failure to do so may  be
 45    interpreted by the board as a declination of the right to automatic renewal or
 46    the  offer  of  another contract. Such notification shall be made, in writing,
 47    not later than the fifteenth day of May, in each year, except to those persons
 48    to whom the board, prior to said date, has sent  proposed  contracts  for  the
 49    next  ensuing year, or to whom the board has given the notice required by this
 50    section.
 51        Any contract automatically renewed under the provisions  of  this  section
 52    shall be for the same length as the term stated in the current contract and at
 53    a  base  salary  no lower than that specified therein, to which shall be added
                                                                        
                                           5
                                                                        
  1    such increments as may be determined by the statutory or regulatory rights  of
  2    such  employee  by reason of training, service, or performance. Any portion of
  3    salary earned on the basis of performance and awarded according to the  provi-
  4    sions of section 33-1004H, Idaho Code, is hereby exempt from the provisions of
  5    this chapter.
  6        Nothing herein shall prevent the board of trustees from offering a renewed
  7    contract increasing the salary of any certificated person, or from reassigning
  8    an  administrative  employee  to a nonadministrative position with appropriate
  9    reduction of salary from the preexisting salary level. In the event the  board
 10    of  trustees reassigns an administrative employee to a nonadministrative posi-
 11    tion, the board shall give written notice to the  employee  which  contains  a
 12    statement  of  the  reasons  for  the reassignment. The employee, upon written
 13    request to the board, shall be entitled to an informal review  of  that  deci-
 14    sion. The process and procedure for the informal review shall be determined by
 15    the local board of trustees.
 16        Before  a  board  of trustees can determine not to renew for reasons of an
 17    unsatisfactory report of the performance of any certificated person whose con-
 18    tract would otherwise be automatically renewed, or to renew  the  contract  of
 19    any  such  person at a reduced salary, such person shall be entitled to a rea-
 20    sonable period of probation. This period of probation shall be preceded  by  a
 21    written  notice  from the board of trustees with reasons for such probationary
 22    period and with provisions for adequate  supervision  and  evaluation  of  the
 23    person's  performance during the probationary period. Such period of probation
 24    shall not affect the person's renewable contract status. Consideration of pro-
 25    bationary status for certificated personnel is consideration of the status  of
 26    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 27    in executive session. If the consideration results in probationary status, the
 28    individual  on  probation  shall not be named in the minutes of the meeting. A
 29    record of the decision shall be placed in the teacher's personnel file.
 30        If the board of trustees takes action to  immediately  discharge  or  dis-
 31    charge  upon  termination  of the current contract a certificated person whose
 32    contract would otherwise be automatically renewed, or to renew the contract of
 33    any such person at a reduced salary, the action of the board shall be  consis-
 34    tent  with the procedures specified in section 33-513(5), Idaho Code, and fur-
 35    thermore, the board shall notify the employee in writing whether there is just
 36    and reasonable cause not to renew the contract or to reduce the salary of  the
 37    affected  employee,  and if so, what reasons it relied upon in that determina-
 38    tion.
 39        If the board of trustees, for reasons other than  unsatisfactory  service,
 40    for  the  ensuing  contract  year, determines to change the length of the term
 41    stated in the current contract, reduce the salary or not renew the contract of
 42    a certificated person whose contract would otherwise be automatically renewed,
 43    nothing herein shall require a probationary period.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13149
The purpose of this legislation is to set in place a new
performance based system for compensating public school teachers. 
Idaho's teachers are highly trained, dedicated professionals, and
deserve to be compensated as professionals are in all other
sectors of the American economy   on the basis of the results
they produce.

Teachers are currently compensated on the basis of their level of
educational attainment and years of experience.  And while
additional education and experience are valuable ways in which
teachers can acquire the skills needed to be successful, they are
not, in and of themselves, automatic predictors of success.  This
legislation will allow school districts to reward teachers on the
basis of what is, in the end, the only important measure of a
professional teacher's skills   the success of the children they
teach.  While 50% of the performance allocation must be based on
student performance, school districts will have the flexibility
to distribute the remaining 50% by developing their own unique
and innovative performance criteria, based on input from
teachers, administrators, parents, and others.

In order to minimize concerns that may exist regarding the
implementation of a new compensation model, this new system will
only apply to the newest teachers   new hires and those with 5 or
less years of experience as of July 1, 2005.  Teachers that do
not qualify for the new performance based system will be allowed
to remain on the existing system of experience and education
multipliers.  
                          FISCAL IMPACT

The estimated fiscal impact is that an additional $3.2 million
will be required for teacher salaries and benefits in FY 2006,
above and beyond the amount that would normally be funded under
the current provisions of Idaho Code.




Contact
Name: Representative Ken Roberts 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE               H 359