2007 Legislation
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HOUSE BILL NO. 294 – Teachers, contracts, salary

HOUSE BILL NO. 294

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H0294..........................................................by EDUCATION
TEACHERS - CONTRACTS - SALARY - Amends and adds to existing law relating to
public school certificated employees to provide that certificated
instructional employees on track A may be employed on a category 1, 2 or 3
contract; to provide that certificated instructional employees on track B
may be employed on a category 1 or category 2 contract; to clarify review
procedures for all such employees on a category 2 contract; to provide that
renewable contract status shall not apply to certificated instructional
employees on track B; to provide that the current experience and education
multiplier table shall be referred to as track A; to clarify application of
the table to specified employees on track A and track B; to provide a track
B; to provide conditions applicable to certificated instructional employees
placed on track B; to require that all master contract agreements shall
include separate salary schedules; to provide that school districts
choosing to pay higher salaries shall use a separate salary schedule; and
to provide contingency conditions if conversion from a category 3 contract
to a category 2 contract is found to be unconstitutional or if property
rights are affected by a court-imposed decision.
                                                                        
03/08    House intro - 1st rdg - to printing
03/09    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 294
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SCHOOL CERTIFICATED  EMPLOYEES;  AMENDING  SECTION  33-514,
  3        IDAHO  CODE, TO PROVIDE THAT CERTIFICATED INSTRUCTIONAL EMPLOYEES ON TRACK
  4        A MAY BE EMPLOYED ON A CATEGORY 1, 2 OR 3 CONTRACT, TO PROVIDE  THAT  CER-
  5        TIFICATED INSTRUCTIONAL EMPLOYEES ON TRACK B MAY BE EMPLOYED ON A CATEGORY
  6        1  OR  CATEGORY  2  CONTRACT,  TO  CLARIFY  REVIEW PROCEDURES FOR ALL SUCH
  7        EMPLOYEES ON A CATEGORY 2 CONTRACT, TO PROVIDE THAT  CATEGORY  3  CONTRACT
  8        STATUS  REQUIRES  PLACEMENT  ON TRACK A AND TO PROVIDE THAT A CERTIFICATED
  9        INSTRUCTIONAL EMPLOYEE TRANSFERRING FROM ANOTHER IDAHO SCHOOL DISTRICT MAY
 10        BE PLACED ON A CATEGORY 3 CONTRACT IF SUCH EMPLOYEE  HAD  PREVIOUSLY  BEEN
 11        PLACED  ON  TRACK  A; AMENDING SECTION 33-515, IDAHO CODE, TO PROVIDE THAT
 12        RENEWABLE CONTRACT STATUS SHALL NOT APPLY  TO  CERTIFICATED  INSTRUCTIONAL
 13        EMPLOYEES  ON  TRACK  B  AND  TO  MAKE TECHNICAL CHANGES; AMENDING SECTION
 14        33-1004A, IDAHO CODE, TO PROVIDE THAT THE CURRENT EXPERIENCE AND EDUCATION
 15        MULTIPLIER TABLE SHALL BE REFERRED TO AS TRACK A, TO  CLARIFY  APPLICATION
 16        OF  THE  TABLE  TO  SPECIFIED EMPLOYEES ON TRACK A AND TRACK B, TO CLARIFY
 17        FUNDING FOR EMPLOYEES ON TRACK A, TO PROVIDE A TRACK B, TO PROVIDE FUNDING
 18        CONDITIONS RELATIVE TO TRACK B STATUS, TO PROVIDE CONDITIONS APPLICABLE TO
 19        CERTIFICATED INSTRUCTIONAL EMPLOYEES PLACED ON TRACK B,  TO  REQUIRE  THAT
 20        ALL  MASTER CONTRACT AGREEMENTS BETWEEN A SCHOOL DISTRICT AND A LOCAL EDU-
 21        CATION ASSOCIATION SHALL INCLUDE SEPARATE  SALARY  SCHEDULES,  TO  PROVIDE
 22        THAT SCHOOL DISTRICTS CHOOSING TO PAY HIGHER SALARIES SHALL USE A SEPARATE
 23        SALARY  SCHEDULE,  TO  PROVIDE  THE  OPTION FOR CERTIFICATED INSTRUCTIONAL
 24        EMPLOYEES TO BE PLACED ON TRACK B,  AND TO PROVIDE CONTINGENCY  CONDITIONS
 25        IF CONVERSION FROM A CATEGORY 3 CONTRACT TO A CATEGORY 2 CONTRACT IS FOUND
 26        TO  BE  UNCONSTITUTIONAL  OR  IF  PROPERTY RIGHTS ARE AFFECTED BY A COURT-
 27        IMPOSED DECISION; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 28    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 29        SECTION 1.  That Section 33-514, Idaho Code, be, and the  same  is  hereby
 30    amended to read as follows:
                                                                        
 31        33-514.  ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF
 32    CONTRACTS  --  OPTIONAL  PLACEMENT.  (1) The board of trustees shall establish
 33    criteria and procedures for the supervision  and  evaluation  of  certificated
 34    employees  who  are  not  employed on a renewable contract, as provided for in
 35    section 33-515, Idaho Code.
 36        (2)  For certificated instructional employees placed on track  A  pursuant
 37    to  section  33-1004A,  Idaho  Code,  tThere  shall be three (3) categories of
 38    annual contracts available to local school districts  under  which  to  employ
 39    certificated  personnel.  For  certificated  instructional employees placed on
 40    track B pursuant to section 33-1004A, Idaho Code, only category 1 and category
 41    2 contracts shall be available under which to employ such certificated person-
 42    nel:
 43        (a)  A category 1 contract is a limited one-year contract as  provided  in
                                                                        
                                       2
                                                                        
  1        section 33-514A, Idaho Code.
  2        (b)  A  category 2 contract is for certificated personnel in the first and
  3        second years of continuous employment with the same  school  district  and
  4        for  those certificated instructional employees placed on track B pursuant
  5        to section 33-1004A, Idaho Code.
  6             (i)   Upon the decision by a local school board not to  reemploy  the
  7             person  after  the first or second year of continuous employment with
  8             the same school district for the  following  year,  the  certificated
  9             employee  shall  be  provided a written statement of reasons for non-
 10             reemployment by no later than May 25.  Such  employee  shall  not  be
 11             entitled  to  a  review by the local board of the reasons or decision
 12             not to reemploy.
 13             (ii)  All certificated instructional employees placed on track B pur-
 14             suant to section 33-1004A, Idaho Code, who have been employed by  the
 15             same school district for three (3) or more continuous years, shall be
 16             entitled  to an informal review by the board, upon written request to
 17             the board, delivered by no later than June 1. The process and  proce-
 18             dure  for  the informal review shall be determined by the local board
 19             of trustees. Within fifteen (15) days following the meeting with such
 20             track B employee, the board shall notify the employee  of  its  final
 21             decision  in  the matter. School districts shall not adopt additional
 22             procedures, through contractual agreement or otherwise, that delay or
 23             impede the ability of the school district not to renew such  a  cate-
 24             gory  2  contract.  No property rights shall attach to any category 2
 25             contract. and therefore the employee  shall  not  be  entitled  to  a
 26             review by the local board of the reasons or decision not to reemploy.
 27        (c)  A  category 3 contract is for certificated personnel during the third
 28        year of continuous employment by the same school  district,  provided  the
 29        certificated  instructional employee is placed on track A pursuant to sec-
 30        tion 33-1004A, Idaho Code. District procedures shall require at least  one
 31        (1) evaluation prior to the beginning of the second semester of the school
 32        year  and  the  results  of  any such evaluation shall be made a matter of
 33        record in the employee's personnel file. When any such employee's work  is
 34        found  to  be unsatisfactory a defined period of probation shall be estab-
 35        lished by the board, but in no case shall a probationary  period  be  less
 36        than eight (8) weeks. After the probationary period, action shall be taken
 37        by  the  board  as  to whether the employee is to be retained, immediately
 38        discharged, discharged upon termination of the current contract  or  reem-
 39        ployed at the end of the contract term under a continued probationary sta-
 40        tus. Notwithstanding the provisions of sections 67-2344 and 67-2345, Idaho
 41        Code,  a  decision  to place certificated personnel on probationary status
 42        may be made in executive session and the  employee shall not be  named  in
 43        the  minutes  of  the meeting. A record of the decision shall be placed in
 44        the employee's personnel file. This procedure shall not preclude  recogni-
 45        tion  of unsatisfactory work at a subsequent evaluation and the establish-
 46        ment of a reasonable period of probation. In all instances,  the  employee
 47        shall  be  duly  notified  in writing of the areas of work which are defi-
 48        cient, including the  conditions  of  probation.  Each  such  certificated
 49        employee  on  a  category  3  contract  shall be given notice, in writing,
 50        whether he or she will be reemployed  for  the  next  ensuing  year.  Such
 51        notice  shall  be given by the board of trustees no later than the twenty-
 52        fifth day of May of each such year. If the board of trustees  has  decided
 53        not  to reemploy the certificated employee, then the notice must contain a
 54        statement of reasons for  such  decision  and  the  employee  shall,  upon
 55        request,  be given the opportunity for an informal review of such decision
                                                                        
                                       3
                                                                        
  1        by the board of trustees. The parameters of an informal  review  shall  be
  2        determined by the local board.
  3        (3)  School  districts  hiring  an employee who has been on renewable con-
  4    tract status with another Idaho district or has out-of-state experience  which
  5    would  otherwise qualify the certificated employee for renewable contract sta-
  6    tus in Idaho, shall have the option to immediately  grant  renewable  contract
  7    status,  or  to  place  the employee on a category 3 annual contract, provided
  8    that such employee who was previously employed with an Idaho school   district
  9    was  placed  on track A pursuant to section 33-1004A, Idaho Code. Such employ-
 10    ment on a category 3 contract under the provisions of this subsection  may  be
 11    for one (1), two (2) or three (3) years.
 12        (4)  There  shall  be  a minimum of two (2) written evaluations in each of
 13    the annual contract years of employment, and at least one (1) evaluation shall
 14    be completed before January 1 of each year. The provisions of this  subsection
 15    (4) shall not apply to employees on a category 1 contract.
                                                                        
 16        SECTION  2.  That  Section  33-515, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        33-515.  ISSUANCE OF RENEWABLE CONTRACTS. (1)  The provisions of this sec-
 19    tion shall not apply to certificated instructional employees placed on track B
 20    pursuant to section 33-1004A, Idaho Code.
 21        (2)  During the third full year  of  continuous  employment  by  the  same
 22    school district, including any specially chartered district, each certificated
 23    employee  named  in  subsection  (16) of section 33-1001, Idaho Code, and each
 24    school nurse and school librarian shall be evaluated for a renewable  contract
 25    and shall, upon having been offered a contract for the next ensuing year, hav-
 26    ing  given  notice  of acceptance of renewal and upon signing a contract for a
 27    fourth full year, be placed on a renewable contract status  with  said  school
 28    district subject to the provisions included in this chapter.
 29        (3)  After  the  third full year of employment and at least once annually,
 30    the performance of each such certificated employee, school  nurse,  or  school
 31    librarian  shall be evaluated according to criteria and procedures established
 32    by the board of trustees in accordance with general guidelines approved by the
 33    state board of education. Except as otherwise provided, that person shall have
 34    the right to automatic renewal of contract by giving notice,  in  writing,  of
 35    acceptance  of renewal. Such notice shall be given to the board of trustees of
 36    the school district then employing such person not later than the first day of
 37    June preceding the expiration of the term of the current contract.  Except  as
 38    otherwise  provided by this paragraph, the board of trustees shall notify each
 39    person entitled to be employed on a renewable contract of the requirement that
 40    such person must give the notice hereinabove and that failure to do so may  be
 41    interpreted by the board as a declination of the right to automatic renewal or
 42    the  offer  of  another contract. Such notification shall be made, in writing,
 43    not later than the fifteenth day of May, in each year, except to those persons
 44    to whom the board, prior to said date, has sent  proposed  contracts  for  the
 45    next  ensuing year, or to whom the board has given the notice required by this
 46    section.
 47        (4)  Any contract automatically renewed under the provisions of this  sec-
 48    tion  shall  be for the same length as the term stated in the current contract
 49    and at a salary no lower than that specified therein, to which shall be  added
 50    such  increments as may be determined by the statutory or regulatory rights of
 51    such employee by reason of training, service, or performance.
 52        (5)  Nothing herein shall prevent the board of trustees  from  offering  a
 53    renewed  contract  increasing  the  salary of any certificated person, or from
                                                                        
                                       4
                                                                        
  1    reassigning an administrative employee to a  nonadministrative  position  with
  2    appropriate  reduction  of  salary  from  the preexisting salary level. In the
  3    event the  board  of  trustees  reassigns  an  administrative  employee  to  a
  4    nonadministrative  position,  the  board  shall  give  written  notice  to the
  5    employee which contains a statement of the reasons for the  reassignment.  The
  6    employee,  upon written request to the board, shall be entitled to an informal
  7    review of that decision. The process and procedure  for  the  informal  review
  8    shall be determined by the local board of trustees.
  9        (6)  Before  a board of trustees can determine not to renew for reasons of
 10    an unsatisfactory report of the performance of any certificated  person  whose
 11    contract would otherwise be automatically renewed, or to renew the contract of
 12    any  such  person at a reduced salary, such person shall be entitled to a rea-
 13    sonable period of probation. This period of probation shall be preceded  by  a
 14    written  notice  from the board of trustees with reasons for such probationary
 15    period and with provisions for adequate  supervision  and  evaluation  of  the
 16    person's  performance during the probationary period. Such period of probation
 17    shall not affect the person's renewable contract status. Consideration of pro-
 18    bationary status for certificated personnel is consideration of the status  of
 19    an employee within the meaning of section 67-2345, Idaho Code, and may be held
 20    in executive session. If the consideration results in probationary status, the
 21    individual  on  probation  shall not be named in the minutes of the meeting. A
 22    record of the decision shall be placed in the teacher's personnel file.
 23        (7)  If the board of trustees takes action  to  immediately  discharge  or
 24    discharge upon termination of the current contract a certificated person whose
 25    contract would otherwise be automatically renewed, or to renew the contract of
 26    any  such person at a reduced salary, the action of the board shall be consis-
 27    tent with the procedures specified in section 33-513(5), Idaho Code, and  fur-
 28    thermore, the board shall notify the employee in writing whether there is just
 29    and  reasonable cause not to renew the contract or to reduce the salary of the
 30    affected employee, and if so, what reasons it relied upon in  that  determina-
 31    tion.
 32        (8)  If  the board of trustees, for reasons other than unsatisfactory ser-
 33    vice, for the ensuing contract year, determines to change the  length  of  the
 34    term  stated  in the current contract, reduce the salary or not renew the con-
 35    tract of a certificated person whose contract would otherwise be automatically
 36    renewed, nothing herein shall require a probationary period.
                                                                        
 37        SECTION 3.  That Section 33-1004A, Idaho Code, be, and the same is  hereby
 38    amended to read as follows:
                                                                        
 39        33-1004A.  EXPERIENCE  AND  EDUCATION  MULTIPLIER  -- TRACK A AND TRACK B.
 40    (1)  Each instructional and administrative staff position shall be assigned an
 41    appropriate multiplier based upon the following table:
                                                                        
 42                                       TRACK A
 43                               EXPERIENCE AND EDUCATION
                                                                        
 44                                        MA      MA + 12   MA + 24  MA + 36
 45    Years    BA     BA + 12  BA + 24  BA + 36   BA + 48   BA + 60   ES/DR
 46      0    1.00000  1.03750  1.07640  1.11680   1.15870   1.20220  1.24730
 47      1    1.03750  1.07640  1.11680  1.15870   1.20220   1.24730  1.29410
 48      2    1.07640  1.11680  1.15870  1.20220   1.24730   1.29410  1.34260
 49      3    1.11680  1.15870  1.20220  1.24730   1.29410   1.34260  1.39290
 50      4    1.15870  1.20220  1.24730  1.29410   1.34260   1.39290  1.44510
 51      5    1.20220  1.24730  1.29410  1.34260   1.39290   1.44510  1.49930
                                                                        
                                       5
                                                                        
  1                                        MA      MA + 12   MA + 24  MA + 36
  2    Years    BA     BA + 12  BA + 24  BA + 36   BA + 48   BA + 60   ES/DR
  3      6    1.24730  1.29410  1.34260  1.39290   1.44510   1.49930  1.55550
  4      7    1.29410  1.34260  1.39290  1.44510   1.49930   1.55550  1.61380
  5      8    1.34260  1.39290  1.44510  1.49930   1.55550   1.61380  1.67430
  6      9    1.39290  1.44510  1.49930  1.55550   1.61380   1.67430  1.73710
  7     10    1.39290  1.49930  1.55550  1.61380   1.67430   1.73710  1.80220
  8     11    1.39290  1.49930  1.55550  1.61380   1.73710   1.80220  1.86980
  9     12    1.39290  1.49930  1.55550  1.61380   1.73710   1.86980  1.93990
 10    13 or
 11    more   1.39290  1.49930  1.55550  1.61380   1.73710   1.86980  2.01260
                                                                        
 12        (2)  In determining the experience factor for tracks A and B in this  sec-
 13    tion,  the actual years of teaching or administrative service in an accredited
 14    public school, in an accredited private or parochial school, or  beginning  in
 15    the  2005-06 school year and thereafter in an accredited college or university
 16    shall be credited.
 17        (3)  In determining the education factor for tracks A and B in  this  sec-
 18    tion, only credits earned after initial certification, based upon a transcript
 19    on file with the  teacher certification office of the state department of edu-
 20    cation,  earned  at an institution of higher education accredited by the state
 21    board of education or a regional accrediting association,  shall  be  allowed.
 22    Instructional  staff  whose  initial certificate is an occupational specialist
 23    certificate shall be treated as BA degree prepared instructional  staff.  Cre-
 24    dits  earned by such occupational specialist instructional staff after initial
 25    certification shall be credited toward the education factor.
 26        (4)  In determining the statewide  average  multiplier  for  instructional
 27    staff,  no multiplier in excess of 1.59092 shall be used. If the actual state-
 28    wide average multiplier for instructional staff, as determined  by  this  sec-
 29    tion,  exceeds 1.59092, then each school district's instructional staff multi-
 30    plier shall be multiplied by the result  of  1.59092  divided  by  the  actual
 31    statewide average multiplier for instructional staff. No certificated instruc-
 32    tional employee placed on track A shall be paid less than the amount of salary
 33    funding provided for the position pursuant to track A.
 34        (5)  In  determining  the  statewide average multiplier for administrative
 35    staff, no multiplier in excess of 1.86643 shall be used. If the actual  state-
 36    wide  average  multiplier for administrative staff, as determined by this sec-
 37    tion, exceeds 1.86643, then each school district's administrative staff multi-
 38    plier shall be multiplied by the result  of  1.86643  divided  by  the  actual
 39    statewide average multiplier for administrative staff.
 40        (6)  Track  B. For certificated instructional employees placed on track B,
 41    the state department of education shall replace the  track  A  experience  and
 42    education multiplier and base salary factors for instructional staff positions
 43    with a track B derived from the following:
 44        (a)  A base salary of thirty-four thousand dollars ($34,000);
 45        (b)  Attaining  a career ladder benchmark, which shall cause the base sal-
 46        ary to increase by an additional three thousand dollars ($3,000) for  each
 47        event as follows:
 48             (i)   Completion of the first four (4) years of teaching experience;
 49             (ii)  Completion of thirteen (13) years of teaching experience;
 50             (iii) Bachelor's   degree  plus  thirty-six  (36)  credit  hours,  or
 51             master's degree, both to include endorsements as specified in subsec-
 52             tion (6)(d)(v) of this section;
 53             (iv)  Education specialist/doctorate (ES/DR) or master's degree  plus
 54             thirty-six  (36) credit hours, both to include endorsements as speci-
                                                                        
                                       6
                                                                        
  1             fied in subsection (6)(d)(vi) of this section;
  2             (v)   Status as an employee performing a qualifying additional  duty,
  3             which  qualifying  duties  shall include:  teacher mentoring; content
  4             leadership; lead teacher; peer teaching  coach;  content  specialist;
  5             remedial  instructor; curriculum development; assessment development;
  6             data analysis; grant writing; special program coordinator;  or  other
  7             additional  duties  as  may be provided pursuant to rules that may be
  8             promulgated by the state board of education.
  9        (c)  All certificated instructional employees placed on track B  shall  be
 10        funded at an amount at least three thousand dollars ($3,000) more than the
 11        amount that would have been provided for the same employee if the employee
 12        had  been  placed  on track A. This calculation shall be made prior to the
 13        addition  of  any  funds  provided  for  the   career   ladder   benchmark
 14        enhancements specified in subsection (6)(b)(v) of this section.
 15        (d)  For  certificated instructional employees placed on track B, the fol-
 16        lowing provisions shall apply:
 17             (i)    Once an employee has been placed  on  track  B,  there  is  no
 18             option for placement on track A.
 19             (ii)   For an employee holding a category 3 contract on or after July
 20             1,  2008, the choice to move from track A to track B shall constitute
 21             an agreement to terminate the employee's  existing  category  3  con-
 22             tract,  which shall be terminated and replaced with a category 2 con-
 23             tract.
 24             (iii)  The term of such category 2 contract shall  not  exceed  three
 25             (3)  years,  nor  shall  it  exceed one (1) year for any certificated
 26             instructional employee who has not  yet  reached  the  career  ladder
 27             benchmark  in  subsection  (6)(b)(i)  of  this  section, nor shall it
 28             exceed two (2) years for any certificated instructional employee  who
 29             has  reached  the  career ladder benchmark in subsection (6)(b)(i) of
 30             this section but has not yet reached the career ladder  benchmark  in
 31             subsection  (6)(b)(ii)  of this section. The decision to offer such a
 32             two (2) year or three (3) year category 2 contract shall be  made  on
 33             an  individual  basis,  at  the  discretion  of  the  local  board of
 34             trustees. Boards of trustees shall not adopt  additional  procedures,
 35             through  contractual  agreement  or  otherwise, that would in any way
 36             inhibit such discretion.
 37             (iv)   No certificated instructional employee shall be paid less than
 38             the amount of salary funding provided for the position in  accordance
 39             with placement on track B.
 40             (v)    In  addition to the qualifications specified therein, in order
 41             to qualify for the career ladder benchmark in subsection  (6)(b)(iii)
 42             of  this  section, an employee holding a standard elementary certifi-
 43             cate shall hold such certificate with at  least  one  (1)  additional
 44             endorsement  included,  and  an employee holding a standard secondary
 45             certificate shall hold such certificate with at least two  (2)  addi-
 46             tional  endorsements  included,  pursuant to state board of education
 47             rule IDAPA 08.02.02.
 48             (vi)   In addition to the qualifications specified therein, in  order
 49             to  qualify  for the career ladder benchmark in subsection (6)(b)(iv)
 50             of this section, an employee holding a standard  elementary  certifi-
 51             cate  shall  hold  such  certificate with at least two (2) additional
 52             endorsements included, and an employee holding a  secondary  certifi-
 53             cate  shall  hold such certificate with at least three (3) additional
 54             endorsements included, pursuant to  state  board  of  education  rule
 55             IDAPA 08.02.02.
                                                                        
                                       7
                                                                        
  1             (vii)  A certificated instructional employee who has not yet attained
  2             the  career ladder benchmark in subsection (6)(b)(i) of this section,
  3             shall not be eligible  to  receive  funding  for  the  career  ladder
  4             benchmark in subsection (6)(b)(v) of this section.
  5             (viii) School districts may designate up to twenty-five percent (25%)
  6             of  their  certificated instructional employees who have attained the
  7             career ladder benchmark in subsection (6)(b)(i) of this  section  but
  8             who  have  not  attained  the  career  ladder benchmark in subsection
  9             (6)(b)(ii) of this section, to receive funding for the career  ladder
 10             benchmark  in  subsection  (6)(b)(v)  of  this section, provided such
 11             employees are performing qualifying additional duties. Such employees
 12             shall not be eligible to receive more  than  one  (1)  career  ladder
 13             benchmark designation under subsection (6)(b)(v) of this section in a
 14             single fiscal year.
 15             (ix)   School  districts  may  designate up to forty percent (40%) of
 16             their certificated instructional  employees  who  have  attained  the
 17             career  ladder benchmark in subsection (6)(b)(ii) of this section, to
 18             receive  funding  for  the  career  ladder  benchmark  in  subsection
 19             (6)(b)(v) of this section, provided  such  employees  are  performing
 20             qualifying additional duties. Such employees shall not be eligible to
 21             receive  more than two (2) career ladder benchmark designations under
 22             subsection (6)(b)(v) of this section in a  single  fiscal  year.  Any
 23             employee  receiving  two  (2)  such  designations  shall  count twice
 24             against the forty percent (40%) limitation of this subparagraph.
 25             (x)    The  decision  to  designate  a   certificated   instructional
 26             employee  to  receive funding for the career ladder benchmark in sub-
 27             section (6)(b)(v) of this section shall be at the discretion  of  the
 28             local  board  of  trustees. Such designations shall be valid only for
 29             the fiscal year for which the designation is made.  School  districts
 30             shall  not adopt additional procedures, through contractual agreement
 31             or otherwise, that limit in any way the board's exercise of such dis-
 32             cretion each fiscal year.  A  certificated  instructional  employee's
 33             designation  to receive funding for a career ladder benchmark in sub-
 34             section (6)(b)(v) of this section in no way entitles such employee to
 35             be so designated in a future fiscal year.
 36        (7)  All master contract agreements between a school district and a  local
 37    education  association  shall  include a separate salary schedule for certifi-
 38    cated instructional employees on track A and a separate  salary  schedule  for
 39    certificated instructional employees on track B. Such schedules shall be iden-
 40    tical to the track schedules set out in this section.
 41        (8)  Any  school  district choosing to pay higher salaries to certificated
 42    instructional employees than are provided in this section shall  provide  such
 43    payments  through  another separate salary schedule that includes all certifi-
 44    cated instructional employees, regardless of whether the employee is placed on
 45    track A or on track B. Such schedule shall only contain the additional  moneys
 46    to  be  paid,  and shall not include the moneys provided under the track A and
 47    track B schedules.
 48        (9)  Any certificated instructional employee may choose to  be  placed  on
 49    track  B,  provided  that written notification is submitted to the school dis-
 50    trict by May 15 of the previous fiscal year.  For  certificated  instructional
 51    employees  hired  after May 15 for employment in the ensuing fiscal year, such
 52    employees may choose to be placed on track A or track B. If such  an  employee
 53    chooses to be placed on track B, the school district shall promptly notify the
 54    state  department  of  education.  However,  for  school  districts and public
 55    charter schools employing at  least  twenty  (20)  certificated  instructional
                                                                        
                                       8
                                                                        
  1    full-time  equivalent  employees,  not  more than twenty-five percent (25%) of
  2    such instructional employees may be placed on track B  in  any  single  fiscal
  3    year. Such placement shall be offered on a first-come, first-served basis. The
  4    state  department  of  education  shall be notified of a certificated instruc-
  5    tional employee's placement on track B by no later than the first business day
  6    of the state fiscal year in order for the position to be funded under track B.
  7        (10) If the conversion of category 3 contracts  to  category  2  contracts
  8    pursuant  to  this  section  is  found  to be unconstitutional, or if property
  9    rights are imposed on any category 2 contracts through a  court-imposed  deci-
 10    sion,  all  certificated  instructional  employees shall be placed on track A.
 11    Employees moving from track B to track A as a result of such  judicial  action
 12    shall  neither  gain  nor  retain any property right to continue receiving any
 13    funds lost through the movement to track A.
                                                                        
 14        SECTION 4.  SEVERABILITY.  The provisions of this act are hereby  declared
 15    to  be  severable  and if any provision of this act or the application of such
 16    provision to any person or circumstance is declared invalid  for  any  reason,
 17    such  declaration  shall  not affect the validity of the remaining portions of
 18    this act.
                                                                        
 19        SECTION 5.  This act shall be in full force and effect on and  after  July
 20    1, 2008.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17159C1

This legislation addresses the need to attract, retain, and
better reward high quality teachers.  The legislation offers
an optional second salary scale that will compensate teachers an
average of 11% more than the FY 2008 state reimbursement
schedule, with a minimum increase of at least $3,000.  Additional
education and duties will further compensate teachers on a career
ladder. In return, teachers paid on the new schedule will
voluntarily forego their right to tenure



                           FISCAL NOTE

Beginning FY 2009, there would be an increase in the K-12 Public
School's budget of up to $19.5 million annually, for four years. 
This annual increase represents 26% of the FY 2008 K-12 Public
Schools General Fund budget increase of $75 million.





Contact
Name: Representatives Scott Bedke, Ken Roberts  
      Representatives Bob Nonini, Rich Wills
      Representatives Cliff Bayer, Mack Shirley
      Representatives Fred Wood
      Representative Cliff Bayer
      Senators Robert Geddes, Patti Anne Lodge
Phone: 332-1000
 

STATEMENT OF PURPOSE/FISCAL NOTE                         H 294