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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
|||| 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
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