Bill Text: IN SB0284 | 2012 | Regular Session | Introduced
Bill Title: Teacher contracts and evaluations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Education and Career Development [SB0284 Detail]
Download: Indiana-2012-SB0284-Introduced.html
Citations Affected: IC 20-18-2-22; IC 20-28.
Synopsis: Teacher contracts and evaluations. Changes definition of
"teacher" to remove the requirement that the primary responsibility of
a teacher must be instruction of students. Modifies teacher contract
cancellation provisions. Changes definition of "evaluator", and
provides that evaluation provisions apply only to teachers. (Under
current law, the evaluation provisions apply to all certificated
employees.)
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Education and Career
Development.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
(b) For purposes of IC 20-28, the term includes the following:
(1) A superintendent.
(2) A principal.
(3) A teacher.
(4) A librarian.
(b) A principal may
probationary teacher:
(1) receives an ineffective designation on a performance
evaluation under IC 20-28-11.5;
(2) receives two (2) consecutive improvement necessary ratings
on a performance evaluation under IC 20-28-11.5; or
(3) is subject to a justifiable decrease in the number of teaching
positions or any reason relevant to the school corporation's
interest.
(c) Except as provided in subsection (e), a principal may not decline
to continue cancel a professional or established teacher's contract
unless the teacher is subject to a justifiable decrease in the number of
teaching positions.
(d) After June 30, 2012, the cancellation of teacher's contracts due
to a justifiable decrease in the number of teaching positions shall be
determined on the basis of performance rather than seniority. In cases
where teachers are placed in the same performance category, any of the
items in IC 20-28-9-1(b) may be considered.
(e) A contract with a teacher may be canceled immediately in the
manner set forth in sections 2 through 4 of this chapter for any of the
following reasons:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules adopted for the governance
of the school building or the school corporation.
(3) Justifiable decrease in the number of teaching positions.
(4) Incompetence, including receiving:
(A) an ineffective designation on two (2) consecutive
performance evaluations under IC 20-28-11.5; or
(B) an ineffective designation or improvement necessary
rating in three (3) years of any five (5) year period.
(5) Neglect of duty.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good or just cause.
(1) The principal shall notify the teacher of the principal's preliminary decision. The notification must be:
(A) in writing; and
(B) delivered in person or mailed by registered or certified mail to the teacher at the teacher's last known address.
(2) The notice in subdivision (1) must include a written statement, subject to IC 5-14-3-4, giving the reasons for the preliminary decision.
(3) Notification due to a
(b) For a cancellation of a teacher's contract for a reason other than a
(c) At the conference between the superintendent and the teacher, the teacher may be accompanied by a representative.
(d) After the conference between the superintendent and the teacher, the superintendent shall:
(1) make a written recommendation to the governing body of the school corporation regarding the cancellation of the teacher's contract; and
(2) notify the principal and teacher, in writing, of the superintendent's recommendation.
(e) If the teacher does not request a conference under subsection (b), the principal's preliminary decision is considered final.
(f) For items listed in section
(g) For items listed in section (1)(e)(1), (1)(e)(2), (1)(e)(5), or (1)(e)(7) of this chapter, if, not later than five (5) days after the initial private conference with the superintendent, the teacher files a request with the governing body for an additional private conference, the teacher is entitled to an additional private conference with the governing body before the governing body makes a final decision. The final decision must be in writing and must be made not more than thirty (30) days after the governing body receives the teacher's request for the additional private conference. At the private conference the governing body shall do the following:
(1) Allow the teacher to present evidence to refute the reason or
reasons for contract cancellation and supporting evidence
provided by the school corporation. Any evidence presented at the
private conference must have been exchanged by the parties at
least seven (7) days before the private conference.
(2) Consider whether a preponderance of the substantial
evidence supports the cancellation of the teacher's contract.
(1) The superintendent shall notify the principal of the superintendent's preliminary decision. The notification must be:
(A) in writing; and
(B) delivered in person or mailed by registered or certified mail to the principal at the principal's last known address.
(2) The notice in subdivision (1) must include a written statement, subject to IC 5-14-3-4, giving the reasons for the preliminary decision.
(b) Before a superintendent is refused continuation of the superintendent's contract, the superintendent has the following rights:
(1) The governing body's attorney, acting as the designee of the governing body, shall notify the superintendent of the governing body's preliminary decision. The notification must be:
(A) in writing; and
(B) delivered in person or mailed by registered or certified mail to the superintendent at the superintendent's last known address.
(2) The notice in subdivision (1) must include a written statement, subject to IC 5-14-3-4, giving the reasons for the preliminary decision.
(1) the governing body under section 2(f) or 2(g) of this chapter; or
(2) the superintendent under section 2(b) of this chapter, if no conference with the governing body is requested;
the governing body may cancel a contract with a teacher by a majority vote evidenced by a signed statement in the minutes of the board. The decision of the governing body is final.
(b) A teacher placed on a disability or sick leave without a written request is entitled to a
(1) has clearly demonstrated a record of effective teaching over several years under this chapter or another system of evaluation used by the school corporation before July 1, 2012;
(2) is approved by the principal as qualified to evaluate under the plan; and
(3) conducts staff performance evaluations as a significant part of teacher's responsibilities.
(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
(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 teachers whose responsibilities include
instruction in subjects measured in statewide assessments;
(B) methods for assessing student growth for certificated
employees teachers 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
teachers 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 teacher
in one (1) of the following rating categories:
(A) Highly effective.
(B) Effective.
(C) Improvement necessary.
(D) Ineffective.
(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 highly
effective or effective.
(d) The evaluator shall discuss the evaluation with the certificated
employee. teacher.
(b) An individual may evaluate a
(b) If a
or improvement necessary, the evaluator and the certificated employee
teacher shall develop a remediation plan of not more than ninety (90)
school days in length to correct the deficiencies noted in the
certificated employee's teacher's evaluation. The remediation plan
must require the use of the certificated employee's teacher's license
renewal credits in professional development activities intended to help
the certificated employee teacher achieve an effective rating on the
next performance evaluation. If the principal did not conduct the
performance evaluation, the principal may direct the use of the
certificated employee's teacher's license renewal credits under this
subsection.
(c) A teacher who receives a rating of ineffective may file a request
for a private conference with the superintendent or the 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.
