Bill Text: IN HB1529 | 2013 | Regular Session | Introduced
Bill Title: Teacher evaluations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Education [HB1529 Detail]
Download: Indiana-2013-HB1529-Introduced.html
Citations Affected: IC 20-28.
Synopsis: Teacher evaluations. Creates a rating of "exceptional" for
teacher evaluations. Provides that school corporations are not required
to implement teacher evaluations until the 2014-2015 school year.
Provides that a model evaluation plan created by the department of
education may not require more than three observations of a teacher
each school year, and provides that a teacher who has received a rating
of exceptional shall be observed one time each school year. Repeals
and reenacts a provision to correct a technical conflict between two
acts enacted in 2011.
Effective: July 1, 2011 (retroactive); July 1, 2013.
January 22, 2013, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(1) a school corporation; or
(2) a subject area;
that is designated by the state board as having an insufficient supply of licensed teachers.
(b) The governing body of a school corporation or the appointing authority of an accredited nonpublic school may employ a program participant if the program participant is hired to teach in a subject area or a school corporation to which this section applies.
(c) Before employing a program participant under subsection (b), the superintendent of the school corporation must make a determination that one (1) of the following conditions exists:
(1) There is no fully certified and exceptional or highly effective teacher available for the position.
(2) The program participant is the best qualified candidate for the
position.
(d) A program participant who is employed under this section is
eligible to receive a transition to teaching permit. The transition to
teaching permit is valid for three (3) years, and may not be renewed.
(e) A program participant who is employed under this section:
(1) shall enter into either:
(A) a regular teacher's contract under IC 20-28-6-5; or
(B) a temporary teacher's contract under IC 20-28-6-6, if
replacing a teacher on a leave of absence;
(2) is eligible to participate in a mentor teacher program; and
(3) satisfies the field or classroom experience component of the
program under section 4(3) of this chapter.
(f) The state board:
(1) shall review; and
(2) may renew;
the designation of a school corporation or a subject area as having an
insufficient supply of licensed teachers not more than two (2) years
following the initial designation under subsection (a).
(b) After June 30, 2011, a teacher who:
(1) serves under contract as a teacher in a public school corporation;
(2) has not received a rating in an evaluation under IC 20-28-11.5 or receives a rating of ineffective in an evaluation under IC 20-28-11.5;
(3) has not at any time before July 1, 2012, entered into a teaching contract for further service with the school corporation; and
(4) has not received three (3) ratings in a five (5) year period of exceptional, effective, or highly effective in an evaluation under IC 20-28-11.5;
shall be considered a probationary teacher.
(c) After June 30, 2011, a teacher who receives a rating of:
(1) effective;
(2) highly effective;
(3) exceptional; or
(4)
in an evaluation under IC 20-28-11.5 for at least three (3) years in a five (5) year or shorter period becomes a professional teacher by entering into a contract described in section 2 of this chapter.
(d) A professional teacher who receives a rating of ineffective in an evaluation under IC 20-28-11.5 shall be considered a probationary teacher but is not subject to the cancellation of the teacher's contract unless at least one (1) of the following criteria applies:
(1) The teacher receives a rating of ineffective in an evaluation under IC 20-28-11.5 in the year immediately following the teacher's initial rating of ineffective.
(2) The teacher's contract cancellation is due to a justifiable decrease in the number of teaching positions under IC 20-28-7.5-1(b)(3).
(3) The teacher's contract cancellation is due to conduct set forth in IC 20-28-7.5-1(b).
year if the teacher's employment contract is continued. The amount that
would otherwise have been allocated for the salary increase of teachers
rated ineffective or improvement necessary shall be allocated for
compensation of all teachers rated effective and highly effective based
on the criteria in subsection (b).
(d) A teacher who does not receive a raise or increment under
subsection (c) may file a request with the superintendent or
superintendent's designee not later than five (5) days after receiving
notice that the teacher received a rating of ineffective. The teacher is
entitled to a private conference with the superintendent or
superintendent's designee.
(e) Not later than January 31, 2012, the department shall publish a
model salary schedule that a school corporation may adopt.
(f) Each school corporation shall submit its local salary schedule to
the department. The department shall publish the local salary schedules
on the department's Internet web site.
(g) The department shall report any noncompliance of this section
to the state board.
(h) The state board shall take appropriate action to ensure
compliance with this section.
(i) This chapter may not be construed to require or allow a school
corporation to decrease the salary of any teacher below the salary the
teacher was earning on or before July 1, 2012, if that decrease would
be made solely to conform to the new salary scale.
(b) Increases or increments in a local salary scale must be based upon a combination of the following factors:
(1) A combination of the following factors taken together may account for not more than thirty-three percent (33%) of the calculation used to determine a teacher's increase or
increment:
(A) The number of years of a teacher's experience.
(B) The attainment of either:
(i) additional content area degrees beyond the
requirements for employment; or
(ii) additional content area degrees and credit hours
beyond the requirements for employment, if required
under an agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under
IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including
the responsibility for conducting evaluations under
IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the
following year if the teacher's employment contract is continued.
The amount that would otherwise have been allocated for the
salary increase of teachers rated ineffective or improvement
necessary shall be allocated for compensation of all teachers rated:
(1) effective;
(2) highly effective; and
(3) beginning July 1, 2013, exceptional;
based on the criteria in subsection (b).
(d) A teacher who does not receive a raise or increment under
subsection (c) may file a request with the superintendent or
superintendent's designee not later than five (5) days after
receiving notice that the teacher received a rating of ineffective.
The teacher is entitled to a private conference with the
superintendent or superintendent's designee.
(e) Not later than January 31, 2012, the department shall
publish a model salary schedule that a school corporation may
adopt.
(f) Each school corporation shall submit its local salary schedule
to the department. The department shall publish the local salary
schedules on the department's Internet web site.
(g) The department shall report any noncompliance of this
section to the state board.
(h) The state board shall take appropriate action to ensure
compliance with this section.
(i) This chapter may not be construed to require or allow a
school corporation to decrease the salary of any teacher below the
salary the teacher was earning on or before July 1, 2012, if that
decrease would be made solely to conform to the new salary scale.
(b) Instead of developing its own staff performance evaluation plan under subsection (a), a school corporation may adopt a staff performance evaluation plan that meets the requirements set forth in this chapter or any of the following models:
(1) A plan using master teachers or contracting with an outside vendor to provide master teachers.
(2) The System for Teacher and Student Advancement (TAP).
(3) The Peer Assistance and Review Teacher Evaluation System (PAR).
(c) A plan must include the following components:
(1) Performance evaluations for all certificated employees, conducted at least annually.
(2) Objective measures of student achievement and growth to significantly inform the evaluation. The objective measures must include:
(A) student assessment results from statewide assessments for certificated employees whose responsibilities include instruction in subjects measured in statewide assessments;
(B) methods for assessing student growth for certificated employees who do not teach in areas measured by statewide assessments; and
(C) student assessment results from locally developed assessments and other test measures for certificated employees whose responsibilities may or may not include instruction in subjects and areas measured by statewide assessments.
(3) Rigorous measures of effectiveness, including observations and other performance indicators.
(4) An annual designation of each certificated employee in one (1) of the following rating categories:
(A) Exceptional.
(5) An explanation of the evaluator's recommendations for improvement, and the time in which improvement is expected.
(6) A provision that a teacher who negatively affects student achievement and growth cannot receive a rating of exceptional, highly effective, or effective.
(d) The evaluator shall discuss the evaluation with the certificated employee.
(1) Before January 31,
(A) the criteria that define each of the
(B) the measures to be used to determine student academic achievement and growth under section 4(c)(2) of this chapter;
(C) standards that define actions that constitute a negative impact on student achievement; and
(D) an acceptable standard for training evaluators.
(2) Before January 31,
(A) The model plan may require not more than three (3) teacher observations each school year.
(B) A teacher who is rated as exceptional shall be observed one (1) time each school year.
(3) Work with the department to ensure the availability of ongoing training on the use of the performance evaluation to ensure that all evaluators and certificated employees have access to information on the plan, the plan's implementation, and this chapter.
(b) A school corporation may adopt the department's model plan, or any other model plan approved by the department, without the state board's approval.
(c) A school corporation may substantially modify the model plan or develop the school corporation's own plan, if the substantially modified or developed plan meets the criteria established under this chapter. If a school corporation substantially modifies the model plan or develops its own plan, the department may request that the school
corporation submit the plan to the department to ensure the plan meets
the criteria developed under this chapter. If the department makes such
a request, before submitting a substantially modified or new staff
performance evaluation plan to the department, the governing body
shall submit the staff performance evaluation plan to the teachers
employed by the school corporation for a vote. If at least seventy-five
percent (75%) of the voting teachers vote in favor of adopting the staff
performance evaluation plan, the governing body may submit the staff
performance evaluation plan to the department.
(d) Each school corporation shall submit its staff performance
evaluation plan to the department. The department shall publish the
staff performance evaluation plans on the department's Internet web
site. A school corporation must submit its staff performance evaluation
plan to the department for approval in order to qualify for any grant
funding related to this chapter.
