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S1310..........................................................by EDUCATION TEACHER SALARIES - Adds to and amends existing law relating to salaries of certified public school employees to provide a category 4 salary for certificated employees; to provide terms, conditions and district procedures relative to category 4 contracts; to provide an exception to application of the renewable contract law for certificated instructional employees employed on a category 4 contract; to provide for exemption of certain added salary increments; to provide reference to multiyear contracts; to provide for allocation of amounts distributed pursuant to state teacher advancement and recognition system required to meet the employer's obligations to the public employee retirement system and to social security; to provide the Idaho state teacher advancement and recognition system; to provide a base salary step; to provide for growth and excellence bonus awards; to provide locally-controlled market scarcity competitiveness pay; to provide a career opportunity step; to provide for expertise awards and leadership awards; to provide procedures; and to provide for the appointment of a teacher performance evaluation task force to develop minimum standards for a fair, thorough, consistent and efficient system for evaluating teacher performance in Idaho and to present its written recommendations by no later than January 30, 2009. 01/18 Senate intro - 1st rdg - to printing 01/21 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1310 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO SALARIES OF CERTIFICATED PUBLIC SCHOOL EMPLOYEES; AMENDING SECTION 3 33-514, IDAHO CODE, TO PROVIDE A CATEGORY 4 SALARY FOR CERTIFICATED 4 EMPLOYEES AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING CHAPTER 5, TITLE 5 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-514B, IDAHO CODE, TO 6 PROVIDE TERMS, CONDITIONS AND DISTRICT PROCEDURES RELATIVE TO CATEGORY 4 7 CONTRACTS; AMENDING SECTION 33-515, IDAHO CODE, TO PROVIDE AN EXCEPTION TO 8 APPLICATION OF THE RENEWABLE CONTRACT LAW FOR CERTIFICATED INSTRUCTIONAL 9 EMPLOYEES EMPLOYED ON A CATEGORY 4 CONTRACT AND TO PROVIDE EXEMPTION OF 10 CERTAIN ADDED SALARY INCREMENTS; AMENDING SECTION 33-515A, IDAHO CODE, TO 11 PROVIDE A CODE REFERENCE AND TO PROVIDE REFERENCE TO MULTIYEAR CONTRACTS; 12 AMENDING SECTION 33-1004F, IDAHO CODE, TO PROVIDE FOR ALLOCATION OF 13 AMOUNTS DISTRIBUTED PURSUANT TO THE STATE TEACHER ADVANCEMENT AND RECOGNI- 14 TION SYSTEM REQUIRED TO MEET THE EMPLOYER'S OBLIGATIONS TO THE PUBLIC 15 EMPLOYEE RETIREMENT SYSTEM AND TO SOCIAL SECURITY AND TO DELETE OBSOLETE 16 PROVISIONS; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF 17 A NEW SECTION 33-1004I, IDAHO CODE, TO PROVIDE THE IDAHO STATE TEACHER 18 ADVANCEMENT AND RECOGNITION SYSTEM, TO PROVIDE A BASE SALARY STEP, TO PRO- 19 VIDE FOR GROWTH AND EXCELLENCE BONUS AWARDS, TO PROVIDE LOCALLY-CONTROLLED 20 MARKET SCARCITY COMPETITIVENESS PAY, TO PROVIDE A CAREER OPPORTUNITY STEP, 21 TO PROVIDE FOR EXPERTISE AWARDS, TO PROVIDE LEADERSHIP AWARDS AND TO PRO- 22 VIDE PROCEDURES; AND PROVIDING FOR THE APPOINTMENT OF A TEACHER PERFOR- 23 MANCE EVALUATION TASK FORCE TO DEVELOP MINIMUM STANDARDS FOR A FAIR, THOR- 24 OUGH, CONSISTENT AND EFFICIENT SYSTEM FOR EVALUATING TEACHER PERFORMANCE 25 IN IDAHO AND TO PRESENT ITS WRITTEN RECOMMENDATIONS BY NO LATER THAN JANU- 26 ARY 30, 2009. 27 Be It Enacted by the Legislature of the State of Idaho: 28 SECTION 1. That Section 33-514, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 33-514. ISSUANCE OF ANNUAL CONTRACTS -- SUPPORT PROGRAMS -- CATEGORIES OF 31 CONTRACTS -- OPTIONAL PLACEMENT. (1) The board of trustees shall establish 32 criteria and procedures for the supervision and evaluation of certificated 33 employees who are not employed on a renewable contract, as provided for in 34 section 33-515, Idaho Code. 35 (2) There shall bethreefour (34) categories of annual and multiyear 36 contracts available to local school districts under which to employ certifi- 37 cated personnel: 38 (a) A category 1 contract is a limited one-year contract as provided in 39 section 33-514A, Idaho Code. 40 (b) A category 2 contract is a one-year contract for certificated person- 41 nel in the first and second years of continuous employment with the same 42 school district. Upon the decision by a local school board not to reemploy 43 the person for the following year, the certificated employee shall be pro- 2 1 vided a written statement of reasons for non-reemployment by no later than 2 May 25. No property rights shall attach to a category 2 contract and 3thereforethe employee shall not be entitled to a review by the local 4 board of the reasons or decision not to reemploy. 5 (c) A category 3 contract is a one-year contract for certificated person- 6 nel during the third year of continuous employment by the same school dis- 7 trict, provided the certificated instructional employee has not chosen to 8 receive career opportunity step compensation pursuant to section 33-1004I, 9 Idaho Code. District procedures shall require at least one (1) evaluation 10 prior to the beginning of the second semester of the school year and the 11 results of any such evaluation shall be made a matter of record in the 12 employee's personnel file. When any such employee's work is found to be 13 unsatisfactory a defined period of probation shall be established by the 14 board, but in no case shall a probationary period be less than eight (8) 15 weeks. After the probationary period, action shall be taken by the board 16 as to whether the employee is to be retained, immediately discharged, dis- 17 charged upon termination of the current contract or reemployed at the end 18 of the contract term under a continued probationary status. Notwithstand- 19 ing the provisions of sections 67-2344 and 67-2345, Idaho Code, a decision 20 to place certificated personnel on probationary status may be made in 21 executive session and the employee shall not be named in the minutes of 22 the meeting. A record of the decision shall be placed in the employee's 23 personnel file. This procedure shall not preclude recognition of unsatis- 24 factory work at a subsequent evaluation and the establishment of a reason- 25 able period of probation. In all instances, the employee shall be duly 26 notified in writing of the areas of work which are deficient, including 27 the conditions of probation. Each such certificated employee on a category 28 3 contract shall be given notice, in writing, whether he or she will be 29 reemployed for the next ensuing year. Such notice shall be given by the 30 board of trustees no later than the twenty-fifth day of May of each such 31 year. If the board of trustees has decided not to reemploy the certifi- 32 cated employee, then the notice must contain a statement of reasons for 33 such decision and the employee shall, upon request, be given the opportu- 34 nity for an informal review of such decision by the board of trustees. The 35 parameters of an informal review shall be determined by the local board. 36 (d) A category 4 contract, as provided in section 33-514B, Idaho Code, is 37 for certificated instructional personnel who would otherwise qualify for a 38 category 3 contract or a renewable contract pursuant to section 33-515, 39 Idaho Code, but who have chosen to receive career opportunity step compen- 40 sation pursuant to section 33-1004I, Idaho Code. 41 (3) School districts hiring an employee who has been most recently 42 employed on renewable contract status with another Idaho district or has out- 43 of-state experience which would otherwise qualify the certificated employee 44 for renewable contract status in Idaho, shall have the option to immediately 45 grant renewable contract status, or to place the employee on a category 3 46 annual contract. Such employment on a category 3 contract under the provisions 47 of this subsection may be for one (1), two (2) or three (3) years. 48 (4) There shall be a minimum of two (2) written evaluations in each of 49 the annual contract years of employment, and at least one (1) evaluation shall 50 be completed before January 1 of each year. The provisions of this subsection 51 (4) shall not apply to employees on a category 1 contract. 52 SECTION 2. That Chapter 5, Title 33, Idaho Code, be, and the same is 53 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 54 ignated as Section 33-514B, Idaho Code, and to read as follows: 3 1 33-514B. ISSUANCE OF CATEGORY 4 CONTRACTS. (1) The term of a category 4 2 contract shall not exceed three (3) years, nor shall it exceed one (1) year 3 for an employee with fewer than three (3) years of experience. The term 4 "experience" shall be as used for certificated instructional staff as provided 5 in section 33-1004A, Idaho Code. At the conclusion of a contract year of an 6 unexpired two (2) year or unexpired three (3) year contract, a school district 7 may choose to offer a new category 4 contract, subject to the length of con- 8 tract limitations contained herein. The decision to offer a two (2) or three 9 (3) year category 4 contract shall be made at the discretion of the local 10 board of trustees, and the board shall not enter into any contract or agree- 11 ment that in any way limits said discretion. For any contracts or agreements 12 entered into by a school district in violation of this prohibition, those pro- 13 visions in violation shall be null and void. Each category 4 contract shall 14 include language stating that the employee understands that he will receive 15 additional compensation for signing said contract, pursuant to state law, and 16 is irrevocably terminating any rights to a category 3 contract or to a renew- 17 able contract pursuant to section 33-515, Idaho Code, and that the contract 18 does not include any property rights beyond the term of the contract. 19 (2) District procedures shall require at least one (1) evaluation each 20 school year by no later than March 31 and the results of any such evaluation 21 shall be made a matter of record in the employee's personnel file. Notwith- 22 standing the provisions of sections 67-2344 and 67-2345, Idaho Code, a deci- 23 sion to place certificated personnel on probationary status may be made in 24 executive session and the employee shall not be named in the minutes of the 25 meeting. A record of the decision shall be placed in the employee's personnel 26 file. This procedure shall not preclude recognition of unsatisfactory work at 27 a subsequent evaluation and the establishment of a reasonable period of proba- 28 tion. In all instances, the employee shall be duly notified in writing of the 29 areas of work which are deficient, including the conditions of probation. No 30 property rights shall attach to a category 4 contract, beyond the term of the 31 contract, and school districts shall not adopt any additional procedures 32 beyond those contained in this section, through contractual agreement or 33 otherwise, that would delay or impede the ability of the school district to 34 discharge or not renew the contract of a category 4 contract employee. For any 35 contracts or agreements entered into by a school district in violation of this 36 prohibition, those provisions in violation shall be null and void. 37 (3) Upon the decision by a board not to offer a new category 4 contract 38 to an employee whose category 4 contract is expiring at the end of the current 39 contract year, the employee shall be provided a written statement of reasons 40 for such decision by no later than May 25. Such employee shall be entitled to 41 an informal review by the board, upon written request to the board, delivered 42 by no later than June 1. The process and procedure for the informal review 43 shall be determined by the local board of trustees. Within fifteen (15) days 44 following the meeting with such employee, the board shall notify the employee 45 of its final decision. 46 (4) Districts have two (2) options from which to choose when discharging 47 an employee during the term of a category 4 contract: 48 (a) When an employee's work is found to be unsatisfactory pursuant to the 49 evaluation required in subsection (2) of this section, the employee's 50 supervisor shall develop a written performance improvement plan, and a 51 defined period of probation shall be established by the board, but in no 52 case shall a probationary period be less than eight (8) weeks. After the 53 probationary period, a second evaluation of the employee shall be per- 54 formed, the results of which shall be made a matter of record in the 55 employee's personnel file. Following the second evaluation, action shall 4 1 be taken by the board as to whether the employee is to be retained, imme- 2 diately discharged, discharged upon conclusion of the school year, or 3 retained under an extended probationary period, followed by an additional 4 evaluation and final board action. If the board decides to discharge the 5 employee, the employee shall, upon request, be given the opportunity for 6 an informal review of such decision by the board. The parameters of an 7 informal review shall be determined by the board; provided however, the 8 board shall provide an opportunity to any student, parent, patron or 9 employee to provide written or verbal testimony. Employees discharged 10 through this process shall be paid by the district for the balance of the 11 term of the contract based on the employee's current locally-established 12 base salary and participation in subsections (4) and (5) of section 13 33-1004I, Idaho Code, plus the value of any relevant employer-paid bene- 14 fits. 15 (b) An employee may be discharged pursuant to the processes outlined for 16 discharging an employee in sections 33-513(5) and 33-515, Idaho Code. An 17 employee discharged pursuant to the process in this subsection (4)(b) 18 shall not be paid for the balance of the term of the contract. 19 SECTION 3. That Section 33-515, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 33-515. ISSUANCE OF RENEWABLE CONTRACTS. The provisions of this section 22 shall not apply to certificated instructional employees employed on a category 23 4 contract, except as specifically provided in section 33-514B(4)(b), Idaho 24 Code. During the third full year of continuous employment by the same school 25 district, including any specially chartered district, each certificated 26 employee named in subsection (16) of section 33-1001, Idaho Code, and each 27 school nurse and school librarian shall be evaluated for a renewable contract 28 and shall, upon having been offered a contract for the next ensuing year, hav- 29 ing given notice of acceptance of renewal and upon signing a contract for a 30 fourth full year, be placed on a renewable contract status with said school 31 district subject to the provisions included in this chapter. 32 After the third full year of employment and at least once annually, the 33 performance of each such certificated employee, school nurse, or school 34 librarian shall be evaluated according to criteria and procedures established 35 by the board of trustees in accordance with general guidelines approved by the 36 state board of education. Except as otherwise provided, that person shall have 37 the right to automatic renewal of contract by giving notice, in writing, of 38 acceptance of renewal. Such notice shall be given to the board of trustees of 39 the school district then employing such person not later than the first day of 40 June preceding the expiration of the term of the current contract. Except as 41 otherwise provided by this paragraph, the board of trustees shall notify each 42 person entitled to be employed on a renewable contract of the requirement that 43 such person must give the notice hereinabove and that failure to do so may be 44 interpreted by the board as a declination of the right to automatic renewal or 45 the offer of another contract. Such notification shall be made, in writing, 46 not later than the fifteenth day of May, in each year, except to those persons 47 to whom the board, prior to said date, has sent proposed contracts for the 48 next ensuing year, or to whom the board has given the notice required by this 49 section. 50 Any contract automatically renewed under the provisions of this section 51 shall be for the same length as the term stated in the current contract and at 52 a salary no lower than that specified therein, to which shall be added such 53 increments as may be determined by the statutory or regulatory rights of such 5 1 employee by reason of training, service, or performance; provided however, 2 this provision shall not apply to awards distributed pursuant to subsections 3 (2), (3), (5) and (6) of section 33-1004I, Idaho Code. 4 Nothing herein shall prevent the board of trustees from offering a renewed 5 contract increasing the salary of any certificated person, or from reassigning 6 an administrative employee to a nonadministrative position with appropriate 7 reduction of salary from the preexisting salary level. In the event the board 8 of trustees reassigns an administrative employee to a nonadministrative posi- 9 tion, the board shall give written notice to the employee which contains a 10 statement of the reasons for the reassignment. The employee, upon written 11 request to the board, shall be entitled to an informal review of that deci- 12 sion. The process and procedure for the informal review shall be determined by 13 the local board of trustees. 14 Before a board of trustees can determine not to renew for reasons of an 15 unsatisfactory report of the performance of any certificated person whose con- 16 tract would otherwise be automatically renewed, or to renew the contract of 17 any such person at a reduced salary, such person shall be entitled to a rea- 18 sonable period of probation. This period of probation shall be preceded by a 19 written notice from the board of trustees with reasons for such probationary 20 period and with provisions for adequate supervision and evaluation of the 21 person's performance during the probationary period. Such period of probation 22 shall not affect the person's renewable contract status. Consideration of pro- 23 bationary status for certificated personnel is consideration of the status of 24 an employee within the meaning of section 67-2345, Idaho Code, and may be held 25 in executive session. If the consideration results in probationary status, the 26 individual on probation shall not be named in the minutes of the meeting. A 27 record of the decision shall be placed in the teacher's personnel file. 28 If the board of trustees takes action to immediately discharge or dis- 29 charge upon termination of the current contract a certificated person whose 30 contract would otherwise be automatically renewed, or to renew the contract of 31 any such person at a reduced salary, the action of the board shall be consis- 32 tent with the procedures specified in section 33-513(5), Idaho Code, and fur- 33 thermore, the board shall notify the employee in writing whether there is just 34 and reasonable cause not to renew the contract or to reduce the salary of the 35 affected employee, and if so, what reasons it relied upon in that determina- 36 tion. 37 If the board of trustees, for reasons other than unsatisfactory service, 38 for the ensuing contract year, determines to change the length of the term 39 stated in the current contract, reduce the salary or not renew the contract of 40 a certificated person whose contract would otherwise be automatically renewed, 41 nothing herein shall require a probationary period. 42 SECTION 4. That Section 33-515A, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 33-515A. SUPPLEMENTAL CONTRACTS. (1) In addition to the provisions of 45 sections 33-514, 33-514A, 33-514B and 33-515, Idaho Code, a board of trustees 46 may enter into supplemental contracts to provide extra duty assignments for 47 certificated employees. An extra duty assignment is, and supplemental con- 48 tracts may be used for, an assignment which is not part of a certificated 49 employee's regular teaching duties. Any such contract shall be separate and 50 apart from an annual, a multiyear, a renewable or a limited one (1) year con- 51 tract, and no property rights shall attach to a supplemental contract. The 52 contract shall be in a form approved by the state superintendent of public 53 instruction. 6 1 (2) If a board of trustees determines not to reissue a supplemental con- 2 tract, the board shall give written notice to the employee describing reasons 3 for the decision not to reissue. The employee, upon written request to the 4 board, shall be entitled to an informal review. The process and procedure for 5 the informal review shall be determined by the local board of trustees. 6 Within fifteen (15) days following the meeting with the employee, the board 7 shall notify the employee of its final decision in the matter. Should a school 8 district provide for additional procedures, nothing in this statute shall be 9 interpreted to limit those procedures. 10 SECTION 5. That Section 33-1004F, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 33-1004F. OBLIGATIONS TO RETIREMENT AND SOCIAL SECURITY BENEFITS.1.13 Based upon the actual salary-based apportionment, as determined in section 14 33-1004E, Idaho Code, and distributions made pursuant to section 33-1004I, 15 Idaho Code, there shall be allocated that amount required to meet the 16 employer's obligations to the public employee retirement system and to social 17 security. 182. If a district's qualifying salaries total more than the district's19salary-based apportionment, there shall be allocated an additional amount to20meet the employer's obligation to the public employee retirement system and to21social security equal to two-thirds (2/3) of the additional obligation for the22school year 1994-95. If a district's qualifying salaries total more than the23district's salary-based apportionment, there shall be allocated an additional24amount to meet the employer's obligation to the public employee retirement25system and to social security equal to one-third (1/3) of the additional obli-26gation for the school year 1995-96. Thereafter, the benefit allocation shall27be based solely upon the provisions of subsection 1. of this section.28 SECTION 6. That Chapter 10, Title 33, Idaho Code, be, and the same is 29 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 30 ignated as Section 33-1004I, Idaho Code, and to read as follows: 31 33-1004I. IDAHO STATE TEACHER ADVANCEMENT AND RECOGNITION SYSTEM 32 (I-STARS). In addition to the moneys provided pursuant to the calculations for 33 salary-based apportionment, the following amounts shall be distributed and 34 paid, subject to the criteria contained herein. 35 (1) The base I-STARS step shall be two thousand two hundred dollars 36 ($2,200). 37 (2) Student achievement bonuses for growth and excellence. The state 38 department of education shall rank each school administering the Idaho stan- 39 dards achievement test (ISAT) to its students based on growth and excellence. 40 In each case, the bonus award shall be distributed on a full-time equivalency- 41 adjusted basis, based on school building personnel assignments in place at the 42 time the spring ISAT being used to determine bonus awards was administered. 43 Bonus awards shall be distributed by no later than the December following the 44 spring ISAT. For the first year, the spring 2008 ISAT shall be used and bonus 45 awards distributed by December 2008. School districts shall remit all bonus 46 awards to eligible employees promptly, in a lump sum payment. 47 (a) Growth shall be calculated using the spring ISAT scores for those 48 subjects that are tested in at least six grade levels. For each school, 49 grade and relevant subject, the average overall spring ISAT score shall be 50 divided by the previous year's average overall spring ISAT score. This 51 figure shall then be divided by the matched figure, by grade and subject, 7 1 calculated using the statewide average. The result of this calculation 2 shall be the school's growth figure for that grade and subject. Each 3 school's overall growth figure shall be the average of all such growth 4 figures. If ISAT results are not available for the previous spring, then 5 results from the twice-previous spring shall be used as the basis for com- 6 parison, and the growth calculation figures shall be applied to the cur- 7 rent grade and subject being tested, and the prior grade and subject. To 8 the extent practicable, children not present in the school district for 9 one (1) of the two (2) spring ISAT test scores being compared, and chil- 10 dren excluded from federally-required test results due to lack of enroll- 11 ment time, shall be excluded from the school-level data. 12 (i) Each certificated instructional and administrative employee 13 assigned to a school ranked in the top quartile for overall growth 14 shall receive a bonus award equal to the base I-STARS step. 15 (ii) Each certificated instructional and administrative employee 16 assigned to a school ranked in the second highest quartile for over- 17 all growth shall receive a bonus award equal to one-half (1/2) of the 18 base I-STARS step. 19 (b) The excellence figure shall be each school's average percentage of 20 students achieving grade level proficiency or greater in the spring ISAT, 21 across all grades and subjects tested in the current school year. Each 22 certificated instructional and administrative employee assigned to a 23 school ranked in the top quartile for excellence shall receive a bonus 24 award equal to one-half (1/2) of the base I-STARS step; provided however, 25 that any school with an excellence figure of eighty-five percent (85%) or 26 higher shall qualify for this award in the first year. The excellence fig- 27 ure needed for this automatic qualification shall increase by one percent 28 (1%) in each subsequent year, until the figure reaches ninety percent 29 (90%). 30 For the purposes of awarding performance-based bonuses to certificated 31 instructional and administrative employees assigned to schools serving only 32 grades in which no ISAT is administered or in which no growth calculation is 33 possible, such employees shall be included proportionately with the schools 34 administering the ISAT to which the nontesting school's students matriculate. 35 Quartiles, for the purposes of this subsection (2), shall be calculated based 36 on the number of full-time equivalent certificated positions assigned to each 37 school. 38 (3) Locally-controlled market scarcity competitiveness pay. 39 (a) The state board of education shall designate certificates and 40 endorsements held by certificated instructional staff for locally- 41 controlled market scarcity competitiveness pay. The board shall rank the 42 certificates or endorsements to be so designated based on the relative 43 difficulty of school districts' ability to recruit and retain such person- 44 nel. No additional certificates or endorsements may be added to the 45 rankings beyond the first such certificate or endorsement that causes the 46 number of certificates or endorsements to equal or exceed one-third (1/3) 47 of the total certificates and endorsements held by certificated instruc- 48 tional public school employees in the state. The board shall review and 49 alter such rankings and designations at least once every three (3) years 50 based on market conditions. Any changes in rankings and designations shall 51 be made by the board by no later than March 31 of the previous school 52 year, and school districts shall be promptly notified of any changes. 53 (b) School district boards of trustees may choose to designate certifi- 54 cates and endorsements held by certificated instructional employees for 55 locally-controlled market scarcity competitiveness pay, provided such cer- 8 1 tificates and endorsements have been so designated by the state board of 2 education as provided in subsection (3)(a) of this section. School boards 3 of trustees choosing to make such designations shall rank the certificates 4 and endorsements based on the relative difficulty of recruiting and 5 retaining such personnel. No additional certificates or endorsements may 6 be added to the rankings beyond the first such certificate or endorsement 7 that causes the number of the district's full-time equivalent employees 8 utilizing such certificates and endorsements to equal or exceed ten per- 9 cent (10%) of the certificated instructional positions employed by the 10 district; provided however, the number of such employees who may be desig- 11 nated shall not be less than one (1). The amount distributed to each par- 12 ticipating district shall be equal to ten percent (10%) of the certifi- 13 cated instructional positions employed by the district, multiplied by the 14 base I-STARS step; provided however, the number of positions shall not be 15 less than one (1). Funds so distributed shall be paid solely to certifi- 16 cated instructional personnel holding the certifications and endorsements 17 designated by the local school board, in amounts that shall be determined 18 at the discretion of the local board, which may vary between, but not 19 within, individual certificate and endorsement areas; provided however, no 20 award shall exceed twice the base I-STARS step. School districts may also 21 vary individual payments based on full-time equivalent assignments. Any 22 unused funds shall be returned to the state. 23 (c) In order to receive locally-controlled market scarcity 24 competitiveness pay, an individual must actually be providing instruction 25 or service within the designated certificate or endorsement area. 26 (d) If an individual qualifies for locally-controlled market scarcity 27 competitiveness pay in more than one (1) certificate or endorsement, the 28 individual shall be allocated and paid on a full-time equivalency basis, 29 based on the relative time spent in each of the qualifying areas. 30 (e) School district boards of trustees participating in this step shall 31 designate a new list of certificates and endorsements for locally- 32 controlled market scarcity competitiveness pay for each school year by no 33 later than June 1 of the previous school year. The new list may be identi- 34 cal to the list from the previous school year, subject to the current ten 35 percent (10%) limitation requirements. 36 (f) Locally-controlled market scarcity competitiveness pay shall be dis- 37 tributed to school districts by no later than December 31. School dis- 38 tricts shall remit locally-controlled market scarcity competitiveness pay 39 to eligible employees promptly, in a lump sum payment. 40 (4) Career opportunity step. Certificated instructional employees shall 41 be eligible for and may choose to take the career opportunity step, which 42 shall entitle such employee to an annual distribution equal to the base I- 43 STARS step, as adjusted by full-time equivalency status over the course of the 44 school year. Such distribution shall be made to school districts as part of 45 the schedule of payment specified in section 33-1009, Idaho Code. School dis- 46 tricts shall make career opportunity step payments to eligible employees in 47 the same manner as base salaries are paid. 48 (a) School districts shall notify the state department of education of an 49 employee's decision to take the career opportunity step by the date pre- 50 scribed in section 33-1004D, Idaho Code, in order to be eligible to 51 receive such distributions for that fiscal year. For employees whose late 52 hiring date prevents such notification, the employee shall make the deci- 53 sion of whether or not to take the career opportunity step at the time of 54 hire, and the school district shall promptly notify the state department 55 of education of such decision. 9 1 (b) For an employee currently holding a category 3 contract or a renew- 2 able contract pursuant to section 33-515, Idaho Code, the choice to take 3 the career opportunity step shall constitute an agreement to irrevocably 4 terminate such contract, to be replaced with a category 4 certificated 5 employee contract. 6 (c) For an employee currently holding a category 1 or category 2 certifi- 7 cated employee contract, the choice to take the career opportunity step 8 shall constitute an agreement to forego any future access to a category 3 9 contract or a renewable contract for certificated employees. 10 (d) Certificated instructional employees electing to take the career 11 opportunity step shall remain on the career opportunity step in perpetu- 12 ity, and shall receive funding for such each year. 13 (5) Expertise awards. Classroom teachers who have elected to take the 14 career opportunity step described in subsection (4) of this section shall be 15 eligible for expertise awards as prescribed herein: 16 (a) Employees assigned primarily to eighth grade or lower grades shall 17 receive funds based on the following criteria: 18 (i) Two (2) certificate or endorsement content areas equal one-half 19 (1/2) of the base I-STARS step; 20 (ii) Three (3) certificate or endorsement content areas equal three- 21 fourths (3/4) of the base I-STARS step; 22 (iii) Four (4) or more certificate or endorsement content areas equal 23 the base I-STARS step. 24 (b) Employees assigned primarily to ninth grade or higher grades shall 25 receive funds based on the following criteria: 26 (i) Three (3) certificate or endorsement content areas equal one- 27 half (1/2) of the base I-STARS step; 28 (ii) Four (4) certificate or endorsement content areas equal three- 29 fourths (3/4) of the base I-STARS step; 30 (iii) Five (5) or more certificate or endorsement content areas equal 31 the base I-STARS step. 32 (c) A content area master's degree pertaining to a subject in which the 33 teacher is certified or endorsed to provide instruction shall count as an 34 endorsement, in addition to any other endorsements. 35 (d) Teachers must be willing to work in a certificate or endorsement area 36 in order for such certificate or endorsement to be included for the pur- 37 poses of expertise awards. School districts shall promptly notify the 38 state department of education of any teacher eligible for such awards who 39 has refused to work in a certificate or endorsement area, or any subse- 40 quent change to such status. 41 (e) The term "classroom teacher" shall include those eligible certifi- 42 cated instructional employees who are providing actual services under the 43 auspices of a certificate in which the primary purpose is to provide 44 classroom instruction, including those providing separate classroom ser- 45 vices to special or exceptional student populations. Any certificates or 46 endorsements unrelated to these services shall not be included for the 47 purposes of making awards under this subsection (5). 48 (f) For the purposes of this subsection (5), the state department of edu- 49 cation shall adopt policies identifying content area master's degrees, 50 certificate and endorsement content areas, their eligibility under the 51 term "classroom teacher," and their eligibility for inclusion in making 52 awards. 53 (g) Funds distributed for expertise awards shall be distributed and 54 remitted in the same manner as prescribed in subsection (4) of this sec- 55 tion. 10 1 (6) Leadership awards. Employees who have elected to take the career 2 opportunity step provided in subsection (4) of this section shall be eligible 3 for leadership awards as described herein: 4 (a) School district boards of trustees may designate up to thirty percent 5 (30%) of their certificated instructional employees for leadership awards. 6 Such awards shall recognize excellence, be valid only for the fiscal year 7 for which it is made, and require one (1) or more of the following addi- 8 tional duties: 9 (i) Teacher mentoring; 10 (ii) Content leadership; 11 (iii) Lead teacher; 12 (iv) Peer teaching coach; 13 (v) Content specialist; 14 (vi) Remedial instructor; 15 (vii) Curriculum development; 16 (viii) Assessment development; 17 (ix) Data analysis; 18 (x) Grant writing; 19 (xi) Special program coordinator; 20 (xii) Other additional duties as may be determined at the discretion 21 of the local school district board of trustees; provided however, 22 duties related to student activities and athletics shall not be eli- 23 gible. 24 (b) Local school district boards of trustees shall require that the 25 employee work additional time or contract days as a condition of the 26 receipt of a leadership award. 27 (c) Local school district boards of trustees may grant multiple leader- 28 ship awards with multiple additional duties. No employee, however, shall 29 receive more than twice the base I-STARS step as a state-funded leadership 30 award. 31 (d) Employees with fewer than three (3) years of experience shall not be 32 eligible for leadership awards. The term "experience" shall be as used for 33 certificated instructional staff in section 33-1004A, Idaho Code. 34 (e) School districts shall notify the state department of education of 35 the designation of an employee to receive a leadership award by the date 36 prescribed in section 33-1004D, Idaho Code, in order to be eligible to 37 receive such distributions for that fiscal year. 38 (f) The maximum amount of leadership award funds that shall be distrib- 39 uted to each school district shall be calculated by multiplying three- 40 tenths (0.3) of the full-time equivalent certificated instructional per- 41 sonnel actually employed by the district by the base I-STARS step; pro- 42 vided however, the amount of leadership award funds distributed to a dis- 43 trict shall not exceed the number of eligible full-time equivalent person- 44 nel designated for such awards by the district, multiplied by the base I- 45 STARS step. 46 (g) Funds distributed for leadership awards shall be made on the same 47 schedule as prescribed in subsection (3) of this section. 48 (7) School districts shall not adopt additional procedures, through con- 49 tractual agreement or otherwise, that in any way limits their decision making 50 discretion authorized in this section. For any contracts or agreements entered 51 into by a school district in violation of this prohibition, those provisions 52 in violation shall be null and void. 53 (8) School districts shall not enter into any contract or agreement that 54 provides additional compensation to certificated employees not receiving 55 awards under the provisions of this section, and excludes those certificated 11 1 employees receiving such awards. For any contracts or agreements entered into 2 by a school district in violation of this prohibition, those provisions in 3 violation shall be null and void. 4 (9) For the purposes of this section, "school district" also means 5 "public charter school" and "board of trustees" also means "board of direc- 6 tors." 7 (10) If the voluntary conversion of category 3 contracts or renewable con- 8 tracts to category 4 contracts is found to be unconstitutional, or if property 9 rights are imposed on any category 4 contracts beyond the term of said con- 10 tracts through a court-imposed decision, subsections (4), (5) and (6) of this 11 section shall be null, void and of no further force and effect. Employees pre- 12 viously receiving funds pursuant to these subsections shall neither gain nor 13 retain any property right to continue receiving any funds lost as the result 14 of such a decision. 15 (11) Any adjustments made subsequent to the distributions called for in 16 this section shall be reflected in subsequent payments made pursuant to sec- 17 tion 33-1009, Idaho Code. 18 SECTION 7. The Superintendent of Public Instruction shall appoint, con- 19 vene and provide administrative support for a Teacher Performance Evaluation 20 Task Force. The task force shall be composed of nine (9) members: 21 (1) Three (3) superintendents, principals or public charter school direc- 22 tors; 23 (2) Three (3) members of school district boards of trustees or public 24 charter school boards of directors; and 25 (3) Three (3) classroom teachers. 26 The charge of the task force is to develop minimum standards for a fair, thor- 27 ough, consistent and efficient system for evaluating teacher performance in 28 Idaho, and to present its written recommendations to the Governor, the Idaho 29 State Board of Education, and the House and Senate Education standing commit- 30 tees of the Idaho Legislature by no later than January 30, 2009.
STATEMENT OF PURPOSE
RS 17648
This legislation provides for a new method of teacher compensation
in Idaho, called the Idaho State Teacher Advancement and
Recognition System, or I-STARS. This new, multifaceted system does
not replace the existing system, which is limited to rewarding only
a teacher s years of experience and number of education credits.
Instead, it is built on top of this system. As a result, the pay
generated by the existing system will no longer represent the
maximum a teacher can make, it will become the minimum. The five
steps of I-STARS are as follows:
Student Achievement - Annual bonuses ranging from $1,100 to $2,200
will be awarded to all of the certified staff at schools
demonstrating growth and/or overall excellence in student
performance. Three-fourths of these bonuses are based on growth.
Local Control - Local school districts and charter schools will
have the funds and flexibility to attract and retain instructional
staff to teach in hard-to-fill positions, as identified locally.
Career Opportunity - Instructional staff will have the opportunity
to receive a 1-3 year Category 4 contract, similar to school
administrators, but with additional job protections, and earn a
permanent pay increase of $2,200.
Expertise - Teachers will earn a permanent pay increase up to
$2,200 for earning qualifications to teach multiple subject areas,
and earning a master s degree in a content area.
Leadership Awards - Instructional staff will have the opportunity
to advance in their careers and earn an average annual bonus of
$2,200 for taking on leadership duties in their school or district.
FISCAL IMPACT
The fiscal impact is $46.07 million for Fiscal Year 2009. This
includes $50,000 in one-time costs associated with a task force to
develop minimum teacher evaluation standards, 100% participation in
the first two steps of I-STARS, and 24% participation in the
remaining steps.
Contact
Name: Superintendent Tom Luna
Sen. Robert Geddes
Sen. Michael Jorgenson
Phone: (208) 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1310