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S1436......................................................by STATE AFFAIRS
TEACHERS - SALARIES - Adds to and amends existing law relating to salaries
of certificated public school employees to provide an exemption of certain
added salary increments; to provide for allocation of amounts distributed
pursuant to the 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 leadership awards; to provide for transfer
of certain funds for payment of awards; to provide that certain unused
funds be returned to the Public School Income Fund; to provide for the
development and presentation of additional measures of student performance
subject to implementation of a data system; to provide limitations
regarding procedures; to provide definitions; to provide for adjustment of
distributions; 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 provide for written recommendations to be presented by no
later than January 30, 2009.
02/20 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Educ
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - FAILED - 16-19-0
AYES -- Bair, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill,
Jorgenson, Little, Lodge, McGee, McKague, McKenzie, Pearce,
Richardson, Siddoway
NAYS -- Andreason, Bastian, Bilyeu, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Gannon, Kelly, Keough, Langhorst,
Malepeai(Sagness), Schroeder, Stegner, Stennett, Werk
Absent and excused -- None
Floor Sponsor - Goedde
Filed in Office of the Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1436 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SALARIES OF CERTIFICATED PUBLIC SCHOOL EMPLOYEES; AMENDING SECTION 3 33-515, IDAHO CODE, TO PROVIDE EXEMPTION OF CERTAIN ADDED SALARY INCRE- 4 MENTS; AMENDING SECTION 33-1004F, IDAHO CODE, TO PROVIDE FOR ALLOCATION OF 5 AMOUNTS DISTRIBUTED PURSUANT TO THE STATE TEACHER ADVANCEMENT AND RECOGNI- 6 TION SYSTEM REQUIRED TO MEET THE EMPLOYER'S OBLIGATIONS TO THE PUBLIC 7 EMPLOYEE RETIREMENT SYSTEM AND TO SOCIAL SECURITY AND TO DELETE OBSOLETE 8 PROVISIONS; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF 9 A NEW SECTION 33-1004I, IDAHO CODE, TO PROVIDE THE IDAHO STATE TEACHER 10 ADVANCEMENT AND RECOGNITION SYSTEM, TO PROVIDE A BASE SALARY STEP, TO PRO- 11 VIDE FOR GROWTH AND EXCELLENCE BONUS AWARDS, TO PROVIDE LOCALLY-CONTROLLED 12 MARKET SCARCITY COMPETITIVENESS PAY, TO PROVIDE LEADERSHIP AWARDS, TO PRO- 13 VIDE FOR TRANSFER OF CERTAIN FUNDS FOR PAYMENT OF AWARDS, TO PROVIDE THAT 14 CERTAIN UNUSED FUNDS BE RETURNED TO THE PUBLIC SCHOOL INCOME FUND, TO PRO- 15 VIDE FOR THE DEVELOPMENT AND PRESENTATION OF ADDITIONAL MEASURES OF STU- 16 DENT PERFORMANCE SUBJECT TO IMPLEMENTATION OF A DATA SYSTEM, TO PROVIDE 17 LIMITATIONS REGARDING PROCEDURES, TO PROVIDE DEFINITIONS AND TO PROVIDE 18 FOR ADJUSTMENT OF DISTRIBUTIONS; AND PROVIDING FOR THE APPOINTMENT OF A 19 TEACHER PERFORMANCE EVALUATION TASK FORCE TO DEVELOP MINIMUM STANDARDS FOR 20 A FAIR, THOROUGH, CONSISTENT AND EFFICIENT SYSTEM FOR EVALUATING TEACHER 21 PERFORMANCE IN IDAHO AND TO PRESENT ITS WRITTEN RECOMMENDATIONS BY NO 22 LATER THAN JANUARY 30, 2009. 23 Be It Enacted by the Legislature of the State of Idaho: 24 SECTION 1. That Section 33-515, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 33-515. ISSUANCE OF RENEWABLE CONTRACTS. During the third full year of 27 continuous employment by the same school district, including any specially 28 chartered district, each certificated employee named in subsection (16) of 29 section 33-1001, Idaho Code, and each school nurse and school librarian shall 30 be evaluated for a renewable contract and shall, upon having been offered a 31 contract for the next ensuing year, having given notice of acceptance of 32 renewal and upon signing a contract for a fourth full year, be placed on a 33 renewable contract status with said school district subject to the provisions 34 included in this chapter. 35 After the third full year of employment and at least once annually, the 36 performance of each such certificated employee, school nurse, or school 37 librarian shall be evaluated according to criteria and procedures established 38 by the board of trustees in accordance with general guidelines approved by the 39 state board of education. Except as otherwise provided, that person shall have 40 the right to automatic renewal of contract by giving notice, in writing, of 41 acceptance of renewal. Such notice shall be given to the board of trustees of 42 the school district then employing such person not later than the first day of 43 June preceding the expiration of the term of the current contract. Except as 2 1 otherwise provided by this paragraph, the board of trustees shall notify each 2 person entitled to be employed on a renewable contract of the requirement that 3 such person must give the notice hereinabove and that failure to do so may be 4 interpreted by the board as a declination of the right to automatic renewal or 5 the offer of another contract. Such notification shall be made, in writing, 6 not later than the fifteenth day of May, in each year, except to those per- 7 sons to whom the board, prior to said date, has sent proposed contracts for 8 the next ensuing year, or to whom the board has given the notice required by 9 this section. 10 Any contract automatically renewed under the provisions of this section 11 shall be for the same length as the term stated in the current contract and at 12 a salary no lower than that specified therein, to which shall be added such 13 increments as may be determined by the statutory or regulatory rights of such 14 employee by reason of training, service, or performance; provided however, 15 this provision shall not apply to awards distributed pursuant to section 16 33-1004I, Idaho Code. 17 Nothing herein shall prevent the board of trustees from offering a renewed 18 contract increasing the salary of any certificated person, or from reassigning 19 an administrative employee to a nonadministrative position with appropriate 20 reduction of salary from the preexisting salary level. In the event the board 21 of trustees reassigns an administrative employee to a nonadministrative posi- 22 tion, the board shall give written notice to the employee which contains a 23 statement of the reasons for the reassignment. The employee, upon written 24 request to the board, shall be entitled to an informal review of that deci- 25 sion. The process and procedure for the informal review shall be determined by 26 the local board of trustees. 27 Before a board of trustees can determine not to renew for reasons of an 28 unsatisfactory report of the performance of any certificated person whose con- 29 tract would otherwise be automatically renewed, or to renew the contract of 30 any such person at a reduced salary, such person shall be entitled to a rea- 31 sonable period of probation. This period of probation shall be preceded by a 32 written notice from the board of trustees with reasons for such probationary 33 period and with provisions for adequate supervision and evaluation of the 34 person's performance during the probationary period. Such period of probation 35 shall not affect the person's renewable contract status. Consideration of pro- 36 bationary status for certificated personnel is consideration of the status of 37 an employee within the meaning of section 67-2345, Idaho Code, and may be held 38 in executive session. If the consideration results in probationary status, the 39 individual on probation shall not be named in the minutes of the meeting. A 40 record of the decision shall be placed in the teacher's personnel file. 41 If the board of trustees takes action to immediately discharge or dis- 42 charge upon termination of the current contract a certificated person whose 43 contract would otherwise be automatically renewed, or to renew the contract of 44 any such person at a reduced salary, the action of the board shall be consis- 45 tent with the procedures specified in section 33-513(5), Idaho Code, and fur- 46 thermore, the board shall notify the employee in writing whether there is just 47 and reasonable cause not to renew the contract or to reduce the salary of the 48 affected employee, and if so, what reasons it relied upon in that determina- 49 tion. 50 If the board of trustees, for reasons other than unsatisfactory service, 51 for the ensuing contract year, determines to change the length of the term 52 stated in the current contract, reduce the salary or not renew the contract of 53 a certificated person whose contract would otherwise be automatically renewed, 54 nothing herein shall require a probationary period. 3 1 SECTION 2. That Section 33-1004F, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 33-1004F. OBLIGATIONS TO RETIREMENT AND SOCIAL SECURITY BENEFITS.1.4 Based upon the actual salary-based apportionment, as determined in section 5 33-1004E, Idaho Code, and distributions made pursuant to section 33-1004I, 6 Idaho Code, there shall be allocated that amount required to meet the 7 employer's obligations to the public employee retirement system and to social 8 security. 92. If a district's qualifying salaries total more than the district's10salary-based apportionment, there shall be allocated an additional amount to11meet the employer's obligation to the public employee retirement system and to12social security equal to two-thirds (2/3) of the additional obligation for the13school year 1994-95. If a district's qualifying salaries total more than the14district's salary-based apportionment, there shall be allocated an additional15amount to meet the employer's obligation to the public employee retirement16system and to social security equal to one-third (1/3) of the additional obli-17gation for the school year 1995-96. Thereafter, the benefit allocation shall18be based solely upon the provisions of subsection 1. of this section.19 SECTION 3. That Chapter 10, Title 33, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 21 ignated as Section 33-1004I, Idaho Code, and to read as follows: 22 33-1004I. IDAHO STATE TEACHER ADVANCEMENT AND RECOGNITION SYSTEM 23 (I-STARS). In addition to the moneys provided pursuant to the calculations for 24 salary-based apportionment, the following amounts shall be distributed and 25 paid, subject to the criteria contained herein. 26 (1) The base I-STARS step shall be one thousand two hundred dollars 27 ($1,200). 28 (2) Student achievement bonuses for growth and excellence. The state 29 department of education shall rank each school administering the Idaho stan- 30 dards achievement test (ISAT) to its students based on growth and excellence. 31 In each case, the bonus award shall be distributed on a full-time equivalency- 32 adjusted basis, based on school building personnel assignments in place at the 33 time the spring ISAT being used to determine bonus awards was administered. 34 Bonus awards shall be distributed by no later than the December following the 35 spring ISAT. For the first year, the spring 2008 ISAT shall be used and bonus 36 awards distributed by December 2008. School districts shall remit all bonus 37 awards to eligible employees promptly, in a lump sum payment. 38 (a) Growth shall be calculated using the spring ISAT scores for those 39 subjects that are tested in at least six (6) grade levels. For each 40 school, grade and relevant subject, the average overall spring ISAT score 41 shall be divided by the previous year's average overall spring ISAT score. 42 This figure shall then be divided by the matched figure, by grade and sub- 43 ject, calculated using the statewide average. The result of this calcula- 44 tion shall be the school's growth figure for that grade and subject. Each 45 school's overall growth figure shall be the average of all such growth 46 figures. If ISAT results are not available for the previous spring, then 47 results from the twice-previous spring shall be used as the basis for com- 48 parison, and the growth calculation figures shall be applied to the cur- 49 rent grade and subject being tested, and the prior grade and subject. To 50 the extent practicable, children not present in the school district for 51 one (1) of the two (2) spring ISAT test scores being compared, and chil- 52 dren excluded from federally-required test results due to lack of enroll- 4 1 ment time, shall be excluded from the school-level data. 2 (i) Each certificated instructional and administrative employee 3 assigned to a school ranked in the top quartile for overall growth 4 shall receive a bonus award equal to the base I-STARS step. 5 (ii) Each certificated instructional and administrative employee 6 assigned to a school ranked in the second highest quartile for over- 7 all growth shall receive a bonus award equal to one-half (1/2) of the 8 base I-STARS step. 9 (b) The excellence figure shall be each school's average percentage of 10 students achieving grade level proficiency or greater in the spring ISAT, 11 across all grades and subjects tested in the current school year. Each 12 certificated instructional and administrative employee assigned to a 13 school ranked in the top quartile for excellence shall receive a bonus 14 award equal to one-half (1/2) of the base I-STARS step; provided however, 15 that any school with an excellence figure of eighty-five percent (85%) or 16 higher shall qualify for this award in the first year. The excellence fig- 17 ure needed for this automatic qualification shall increase by one percent 18 (1%) in each subsequent year, until the figure reaches ninety percent 19 (90%). 20 For the purposes of awarding performance-based bonuses to certificated 21 instructional and administrative employees assigned to schools serving only 22 grades in which no ISAT is administered or in which no growth calculation is 23 possible, such employees shall be included proportionately with the schools 24 administering the ISAT to which the nontesting school's students matriculate. 25 Quartiles, for the purposes of this subsection (2), shall be calculated based 26 on the number of full-time equivalent certificated positions assigned to each 27 school. 28 (3) Locally-controlled market scarcity competitiveness pay. 29 (a) The state board of education shall designate certificates and 30 endorsements held by certificated instructional staff for locally- 31 controlled market scarcity competitiveness pay. The board shall rank the 32 certificates or endorsements to be so designated based on the relative 33 difficulty of school districts' ability to recruit and retain such person- 34 nel. No additional certificates or endorsements may be added to the 35 rankings beyond the first such certificate or endorsement that causes the 36 number of certificates or endorsements to equal or exceed one-third (1/3) 37 of the total certificates and endorsements held by certificated instruc- 38 tional public school employees in the state. The board shall review and 39 alter such rankings and designations at least once every three (3) years 40 based on market conditions. Any changes in rankings and designations shall 41 be made by the board by no later than March 31 of the previous school 42 year, and school districts shall be promptly notified of any changes. 43 (b) School district boards of trustees may choose to designate certifi- 44 cates and endorsements held by certificated instructional employees for 45 locally-controlled market scarcity competitiveness pay, provided such cer- 46 tificates and endorsements have been so designated by the state board of 47 education as provided in subsection (3)(a) of this section. School boards 48 of trustees choosing to make such designations shall rank the certificates 49 and endorsements based on the relative difficulty of recruiting and 50 retaining such personnel. No additional certificates or endorsements may 51 be added to the rankings beyond the first such certificate or endorsement 52 that causes the number of the district's full-time equivalent employees 53 utilizing such certificates and endorsements to equal or exceed ten per- 54 cent (10%) of the certificated instructional positions employed by the 55 district; provided however, the number of such employees who may be desig- 5 1 nated shall not be less than one (1). The amount distributed to each par- 2 ticipating district shall be equal to ten percent (10%) of the certifi- 3 cated instructional positions employed by the district, multiplied by the 4 base I-STARS step; provided however, the number of positions shall not be 5 less than one (1). Funds so distributed shall be paid solely to certifi- 6 cated instructional personnel holding the certifications and endorsements 7 designated by the local school board, in amounts that shall be determined 8 at the discretion of the local board, which may vary between, but not 9 within, individual certificate and endorsement areas; provided however, no 10 award shall exceed twice the base I-STARS step. School districts may also 11 vary individual payments based on full-time equivalent assignments. 12 (c) School districts may apply to the state board of education to waive 13 the requirement that a certificate or endorsement designated by the school 14 district for locally-controlled market scarcity competitiveness pay first 15 be designated for such by the state board of education. The state board of 16 education may grant such a waiver for good and rational cause. 17 (d) In order to receive locally-controlled market scarcity 18 competitiveness pay, an individual must actually be providing instruction 19 or service within the designated certificate or endorsement area. 20 (e) If an individual qualifies for locally-controlled market scarcity 21 competitiveness pay in more than one (1) certificate or endorsement, the 22 individual shall be allocated and paid on a full-time equivalency basis, 23 based on the relative time spent in each of the qualifying areas. 24 (f) School district boards of trustees participating in this step shall 25 designate a new list of certificates and endorsements for locally- 26 controlled market scarcity competitiveness pay for each school year by no 27 later than June 1 of the previous school year. The new list may be identi- 28 cal to the list from the previous school year, subject to the current ten 29 percent (10%) limitation requirements. 30 (g) Locally-controlled market scarcity competitiveness pay shall be dis- 31 tributed to school districts by no later than December 31. School dis- 32 tricts shall remit locally-controlled market scarcity competitiveness pay 33 to eligible employees promptly, in a lump sum payment. 34 (4) Leadership awards. 35 (a) School district boards of trustees may designate up to twenty-five 36 percent (25%) of their certificated instructional employees for leadership 37 awards. Such awards shall recognize excellence, be valid only for the fis- 38 cal year for which the awards are made, and require one (1) or more of the 39 following additional duties: 40 (i) Teacher mentoring; 41 (ii) Peer teaching coach; 42 (iii) Other additional duties as may be determined at the discretion 43 of the local school district board of trustees; provided however, 44 duties related to student activities and athletics shall not be eli- 45 gible. 46 (b) Local school district boards of trustees shall require that the 47 employee work additional time as a condition of the receipt of a leader- 48 ship award. 49 (c) Local school district boards of trustees may grant multiple leader- 50 ship awards with multiple additional duties. No employee, however, shall 51 receive more than twice the base I-STARS step as a state-funded leadership 52 award. 53 (d) Employees with fewer than three (3) years of experience shall not be 54 eligible for leadership awards. The term "experience" shall be as used for 55 certificated instructional staff in section 33-1004A, Idaho Code. 6 1 (e) School districts shall notify the state department of education of 2 the designation of an employee to receive a leadership award by the date 3 prescribed in section 33-1004D, Idaho Code, in order to be eligible to 4 receive such distributions for that fiscal year. 5 (f) The maximum amount of leadership award funds that shall be distrib- 6 uted to each school district shall be calculated by multiplying twenty- 7 five hundredths (0.25) of the full-time equivalent certificated instruc- 8 tional personnel actually employed by the district by the base I-STARS 9 step. 10 (g) Funds distributed for leadership awards shall be made on the same 11 schedule as prescribed in subsection (3) of this section. 12 (5) School districts may transfer any funds distributed for locally- 13 controlled market scarcity competitiveness pay to leadership awards, and may 14 transfer up to fifty percent (50%) of the funds distributed for leadership 15 awards to locally-controlled market scarcity competitiveness pay. For school 16 districts making such transfers, the percentage participation requirements of 17 subsections (3) and (4) of this section shall be changed to reflect actual 18 dollars available, divided by the base I-STARS step. 19 (6) Any funds distributed pursuant to this section that remain unused at 20 the end of the fiscal year in which they were distributed, or that were used 21 in violation of the provisions of this section, shall be returned to the pub- 22 lic school income fund. 23 (7) School districts shall not adopt additional procedures, through con- 24 tractual agreement or otherwise, that in any way limit their decision making 25 discretion authorized in this section. For any contracts or agreements entered 26 into by a school district in violation of this prohibition, those provisions 27 in violation shall be null and void. 28 (8) School districts shall not enter into any discriminatory contract or 29 agreement that provides additional compensation to certificated employees not 30 receiving awards under the provisions of this section, and excludes those cer- 31 tificated employees receiving such awards. For any contracts or agreements 32 entered into by a school district in violation of this prohibition, those pro- 33 visions in violation shall be null and void. 34 (9) Subject to the implementation of a state longitudinal educational 35 data system, the state superintendent of public instruction shall develop 36 additional measures of student performance for later inclusion in the student 37 achievement bonuses available pursuant to subsection (2) of this section. Such 38 measures may include dropout and graduation rates, non-ISAT assessments, post- 39 secondary education success, or other measures as determined by the state 40 superintendent of public instruction with input from stakeholders. Any addi- 41 tional measures so developed shall be submitted to the legislature as legisla- 42 tion for approval through the established legislative process. 43 (10) For the purposes of this section, "school district" also means 44 "public charter school" and "board of trustees" also means "board of direc- 45 tors." 46 (11) Any adjustments made subsequent to the distributions called for in 47 this section shall be reflected in subsequent payments made pursuant to sec- 48 tion 33-1009, Idaho Code. 49 SECTION 4. The Superintendent of Public Instruction shall appoint, con- 50 vene and provide administrative support for a Teacher Performance Evaluation 51 Task Force. The task force shall be composed of nine (9) members: 52 (1) Three (3) superintendents, principals or public charter school direc- 53 tors; 54 (2) Three (3) members of school district boards of trustees or public 7 1 charter school boards of directors; and 2 (3) Three (3) classroom teachers. 3 The charge of the task force is to develop minimum standards for a fair, thor- 4 ough, consistent and efficient system for evaluating teacher performance in 5 Idaho, and to present its written recommendations to the Governor, the Idaho 6 State Board of Education, and the House of Representatives and Senate Educa- 7 tion standing committees of the Idaho Legislature by no later than January 30, 8 2009.
STATEMENT OF PURPOSE
RS 17943 C1
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 three steps of I-STARS are as follows:
1) Student Achievement - Annual bonuses ranging from $600 to
$1,200 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.
2) 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, and
3) Leadership Awards - Instructional staff will have the
opportunity to advance in their careers and earn an average
annual bonus of $1,200 for taking on leadership duties in their
school or district.
FISCAL NOTE
The fiscal impact is $20.55 million for Fiscal Year 2009. This
includes $50,000 in one-time costs associated with a task force
to develop minimum teacher evaluation standards.
Contact
Name: Senator John Goedde
Phone: 332-1322
Name: Tom Luna
Superintendent of Public Instruction
Phone: 332-6800
STATEMENT OF PURPOSE/FISCAL NOTE S 1436
REVISED REVISED REVISED REVISED