From the ECS State Policy Database Teaching Quality--Tenure or Continuing Contract

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary NJ Signed into law 08/2012 P-12 Creates the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act. Defines "evaluation" as a process based on the individual's job description, professional standards and Statewide evaluation criteria that incorporates analysis of multiple measures of student progress and multiple data sources. Such evaluation shall include formal observations, as well as post conferences, conducted and prepared by an individual employed in the district in a supervisory role and capacity and possessing a school administrator certificate, principal certificate, or supervisor certificate. Defines "multiple objective measures of student learning" as the results of formal and informal assessments of students.  Such measures may include a combination of, but are not limited to: teacher-set goals for student learning; student performance assessments, including portfolio projects, problem-solving protocols, and internships; teacher-developed assessments; standardized assessments; and district-established assessments. Requires a teacher, in order to achieve tenure, to complete a district mentorship program during the initial year of employment and receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment after the initial year of employment in which the teacher completes the district mentorship program.  Requires that a principal, assistant principal, and vice-principal, in order to achieve tenure, receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment with the first effective rating being received on or after the completion of the second year of employment. Defines "effective" or "highly effective" as receiving an annual summative evaluation rating of "effective" or "highly effective" based on the performance standards for a position established through the evaluation rubric adopted by the board of education and approved by the commissioner. Requires the State Board of Education to set standards for teacher evaluation rubrics including a provision that multiple measures of practice and student learning be used in conjunction with professional standards of practice using a comprehensive evaluation process in rating effectiveness with specific measures and implementation processes.  Provides that standardized assessments be used as a measure of student progress but not be the predominant factor in the overall evaluation of a teacher. http://www.njleg.state.nj.us/2012/Bills/AL12/26_.HTM Title: S 1455 Source: http://www.njleg.state.nj.us/ SC Signed into law 06/2012 P-12 Extends the induction contract period from one year to three years. After three years, a teacher is eligible for employment at the annual contract level. http://www.scstatehouse.gov/sess119_2011-2012/bills/3028.htm Title: H.B. 3028 Source: scstatehouse.gov OH Signed into law 06/2012 P-12 From final bill analysis: Extends the deadlines for a district or educational service center (ESC) to notify a teacher or administrator that the person's contract will not be renewed for the following school year, as follows: (1) From April 30 to June 1, in the case of teachers; and (2) From March 31 to June 1, in the case of assistant superintendents, principals, assistant principals, business managers, supervisors, and other administrators. (To correspond with these changes, the amendment also extends from April 30 to June 1 the deadline by which a school district employee must be notified of nonrenewal in order for the employee to qualify for unemployment benefits. The amendment does not affect the date for notice of nonrenewal for superintendents and treasurers, which under continuing law is March 1.) Elsewhere provides that any district employee must be notified by June 1 if the individual is not to be reemployed the following academic year. Extends from June 1 to June 15 the deadline for a teacher or administrator to notify a school district or ESC that the person is declining reemployment, in cases where the person is automatically reemployed due to the district's or ESC's failure to comply with the statutory nonrenewal procedures Bill text (pages 195-212 of 592): http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Final bill analysis: http://www.lsc.state.oh.us/analyses129/s0316-rrh-129.pdf Title: S.B. 316 - Teacher and Administrator (Not Superintendent) Contract Renewal/Non-Renewal Source: www.lsc.state.oh.us TX Adopted 05/2012 P-12 Amends various sections concerning hearings and appeals that address general provisions for hearings before the commissioner of education, specific appeals to the commissioner, hearings of appeals arising under federal law and regulations, and hearings conducted by independent hearing examiners. Clarify requirements for motions requiring a certificate of conference (http://www.txwd.uscourts.gov/faqs/factsview.asp?fID=27) and hearings procedures regarding federal programs, adding procedures regarding subpoenas and depositions, updating federal statutory references, and increasing the total amount of compensation for independent hearing examiners in local employment cases. Adopted as published in the March 23, 2012 Texas Register (pages 4-8 of 89): http://www.sos.state.tx.us/texreg/pdf/backview/0323/0323prop.pdf Title: 19 TAC 157.1041, 1055, 1071, 1072, 1081, 1082, 1083, 1084, 1101, 1102,1103 Source: www.sos.state.tx.us TN Signed into law 05/2012 P-12 Provides that a tenured teacher dismissed because of abolition of a position shall be placed on a list for reemployment in the first vacancy the teacher is qualified by training and experience to fill. Forbids director of schools or board of education from using abolition of a position as a method of avoiding dismissal charges and the accompanying due process rights attaching to the status of tenure. http://www.capitol.tn.gov/Bills/107/Bill/SB2693.pdf Title: S.B. 2693 Source: http://www.capitol.tn.gov CT Signed into law 05/2012 P-12 (Sec. 57) Requires school superintendents to incorporate evaluations into decisions about granting tenure to all certified professional school board employees below the rank of school superintendent who are defined collectively as "teachers" and gives local and regional boards of education additional grounds to terminate a teacher for cause. Streamlines and shortens teacher termination notice and hearing requirements and specifies that most deadlines in the process must be counted in calendar days.(To see a table that compares the current and proposed teacher termination processes, see bill analysis: http://www.cga.ct.gov/2012/BA/2012SB-00458-R00-BA.htm) http://www.cga.ct.gov/2012/ACT/PA/2012PA-00116-R00SB-00458-PA.htm Title: S.B. 458 Source: cga.ct.gov MN Signed into law 04/2012 P-12 Amends the date by which a local board must notify a probationary teacher of nonrenewal of teacher's contract for the following school year, from June to July 1. [Article 2, Sec. 5, Subd. 5] Provides that, for teachers charged with felonies that are grounds for immediate discharge, such teacher may be suspended pending the conclusion of the hearing and determination without pay. Requires, if a hearing is held, that the board reimburse the teacher for any salary compensation witheld if the final decision does not result in a penalty to or suspension, termination, or discharge of the teacher. [Article 2, Sec. 6, Subd. 13] https://www.revisor.mn.gov/data/revisor/law/2012/0/2012-239.pdf Title: H.F. 2949 Source: https://www.revisor.mn.gov/ TN Signed into law 04/2012 P-12 Provides a director of schools may suspend a teacher at any time that may seem necessary prior to dismissal occurring, pending investigation. Finds teacher shall be paid if reinstated. Details redress privileges of tenured teachers. http://www.capitol.tn.gov/Bills/107/Bill/HB2237.pdf Title: H.B. 2237 Source: http://www.capitol.tn.gov LA Signed into law 04/2012 P-12 Requires school boards to adopt policies that delegate reducation in force to local superintendents to dismiss teachers and other employees. Requires reduction in force policies to be based solely upon demand, performance, and effectiveness, as determined by the performance evaluation program. Any reduction in force must dismiss the least effective teacher first, and then proceeding by effectiveness rating. Reduction in force policies adopted by a school board for use by the superintendent in dismissing school employees who are not evaluated mustl be based upon the following criteria: performance and effectiveness as determined by school board policy; and certification or academic preparation, if applicable. No reduction in force policy adopted by a school board will include senority or tenure as the primary criterion. http://legis.la.gov/billdata/streamdocument.asp?did=789546 Title: H.B. 974 Source: http://legis.la.gov LA Signed into law 04/2012 P-12 Eliminates teacher tenure for new employees hired after July 2012. Teachers rated highly effective for five years within a six-year period will be granted tenure, other teachers remain at-will employees. Tenured teachers rated ineffective will lose tenure. Teachers rated highly effective on evidence of growth portion of evaluation, but ineffective on observation portion, is entitled to second observation and to grievance procedures. The bill outlines all procedures for notifying teachers of their performance, tenure status and options for responding to evaluations. http://legis.la.gov/billdata/streamdocument.asp?did=789546 Title: H.B. 974 Source: http://legis.la.gov KY Signed into law 04/2012 P-12 Defines "alternative education program." Prohibits a superintendent from assigning an employee to an alternative education program in the disposition of any disciplinary action involving the employee, or as part of a corrective action plan established pursuant to the local district evaluation plan. http://www.lrc.ky.gov/record/12RS/HB168/bill.doc Title: H.B. 168 Source: www.lrc.ky.gov NY Signed into law 03/2012 P-12 Part 2, Section 1: Amends provisions related to disciplinary hearings for school employees with tenure. Amends provisions related to the compensation and mutual identification of hearing officers. Directs the commissioner of education to establish a schedule for maximum rates of compensation of hearing officers based on customary and reasonable fees for service, and provide for limitations on the number of study hours that may be claimed. Amends procedures for when the employing board and employee fail to agree upon a hearing officer; provides that such provisions do not apply in New York City with alternative procedures specified in statute. Authorizes the department of education to monitor and investigate a hearing officer's compliance with statutory timelines, and directs the commissioner of education to annually inform all hearing officers who have heard cases in the preceding year that statutory time periods are to be strictly followed. Requires a record of continued failure to commence and complete hearings within prescribed time periods to be considered grounds for the individual's exclusal from the list of potential hearing officers sent to the employing board and the employee. Removes requirement that a stenographer keep an accurate record of proceedings. Adds that the department is authorized to utilize any new technology to transcribe or record hearings in an accurate, reliable, cost-effective manner. Requires all evidence to be submitted by all parties to the hearing officer within 125 days of the filing of charges. Establishes limitations on certain payments required by the department after the final disposition of the hearing, including settlement. Chapter 57: http://assembly.state.ny.us/leg/?default_fld=&bn=A09057&term=&Summary=Y&Memo=Y&Text=Y#jump_to_Text Title: A.B. 9057 - Hearing Officers and Disciplinary Hearings Source: assembly.state.ny.us TN Signed into law 03/2012 P-12 Requires local boards of education to consider a transferring teacher's evaluations from a prior LEA in making tenure decisions. Allows the local board to shorten the probationary period for a teacher transferring into the LEA under certain circumstances. http://www.capitol.tn.gov/Bills/107/Bill/HB2328.pdf Title: H.B. 2328 Source: http://www.capitol.tn.gov VA Signed into law 03/2012 P-12 Shifts the date of effective contract renewal for those teachers without continuing contract status from April 15 to June 15. This bill is identical to HB 76. http://leg1.state.va.us/cgi-bin/legp504.exe?121+ful+SB278ER+pdf Title: S.B. 278/H.B. 76 Source: http://leg1.state.va.us/ SD Signed into law 03/2012 P-12 Provides that any teacher who is not in or beyond the fourth consecutive term of employment with the school district prior to July 1, 2016, will receive a contract for a period of employment up to one year and will be considered non-tenured. (Sec. 47) Provides that a school board may or may not renew a non-tenured teacher's contract and can refuse to renew a tenured teacher's contract for just cause, including breach of contract, poor performance, a rating of unsatisfactory on two consecutive evaluations pursuant to section 38 of this Act, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district. Establishes the South Dakota Education Reform Advisory Council to advise upon the implementation of this Act. (Sec. 64) http://legis.state.sd.us/sessions/2012/Bills/HB1234ENR.pdf Title: H.B. 1234 Source: http://legis.state.sd.us WI Signed into law 02/2012 P-12 Moves date for notification of teacher contract renewals/nonrenewals from March 15 to May 15. https://docs.legis.wisconsin.gov/2011/related/acts/114 Title: S.B. 2 - Contract Renewal Elements Source: https://docs.legis.wisconsin.gov MI Signed into law 07/2011 P-12 From Legislative Staff Summary: Specifies that a probationary teacher rated as effective or highly effective is not subject to displacement by a tenured teacher solely because the other teacher is on continuing tenure. Increases the probationary period from four full school years to five, except for a teacher who has been rated as highly effective on three consecutive year-end evaluations. Requires a probationary teacher to be notified at least 15 days, rather than 60, before the end of a school year that his or her services will be discontinued. Allows a probationary teacher to be dismissed at any time. Requires a controlling board to determine the number and format of classroom observations for probationary teachers and teachers on continuing tenure. Shortens deadlines in the tenure hearing process. Repeals law that required a laid-off tenured teacher to be hired for the first vacancy in the school district for which he or she was qualified, for three years after the lay-off. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0101.htm Title: H.B. 4625 Source: http://www.legislature.mi.gov MI Signed into law 07/2011 P-12 From Legislative Staff Summary - Allows a teacher on continuing tenure to be dismissed or demoted for a reason that is not arbitrary and capricious, rather than for reasonable and just cause. Revises the definition of "demote". Allows a controlling board to place a suspended teacher's salary in escrow if criminal charges have been filed. Requires a teacher to verify his or her ability to perform essential job functions after being placed on unrequested leave for physical or mental disability. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0100.htm Title: H.B. 4626 Source: http://www.legislature.mi.gov MI Signed into law 07/2011 P-12 From Legislative Staff Summary - Amends the public employment relations Act to prohibit decisions about the following subjects from being included in collective bargaining between a public school employer and a representative of its employees: (1) Teacher placement; (2) Policies for personnel decisions made when an employer eliminates a position, or recalls or hires after a position has been eliminated; (3) An employer's performance evaluation system; (4) A policy for discharging or disciplining employees subject to the tenure law, and the discharge or discipline of an individual employee; (5) Classroom observation; (6) A performance-based method of compensation; and (7) Parental notification of ineffective teachers. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0103.htm Title: H.B. 4628 Source: http://www.legislature.mi.gov MN Signed into law 07/2011 P-12 Requires a school board to adopt a plan for at least three written periodic evaluations of probationary teachers throughout a school year. Requires the first evaluation to occur within the first 90 days of teaching service. (Article 2, Sec 12) http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf Title: H.F. 26 Source: http://www.house.leg.state.mn.us MN Signed into law 07/2011 P-12 For teachers in first class city school districts, requires a school board to adopt a plan for at least three written periodic evaluations of probationary teachers throughout a school year. Requires the first evaluation to occur within the first 90 days of teaching service. Requires a probationary teacher to complete 120 days of teaching service each year during the probationary period. Makes this section applicable to collective bargaining agreements ratified after September 2, 2013. (Article 2, Sec 17) http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf Title: H.F. 26 Source: http://www.house.leg.state.mn.us MN Signed into law 07/2011 P-12 Allows a school board and the exclusive representative of the teachers to develop through joint agreement a teacher evaluation and peer review process, premised on the content of this section, for probationary and continuing contract teachers. Establishes an annual teacher evaluation process that: provides probationary teacher evaluations; establishes a three-year professional review cycle and includes at least one summative evaluation performed by a trained evaluator; is based on professional teaching standards; is coordinated with staff development activities; allows time for peer coaching and teacher evaluation; allows mentoring and induction programs; allows teachers to develop and present a portfolio; requires agreed upon teacher value-added assessment models and state and local measures of student growth, the data from which provide the basis for 35 percent of teacher evaluation results; uses longitudinal data on student engagement and connection and other student outcome measures; requires qualified and trained evaluators to perform summative assessments; gives support to improve the performance of teachers not meeting professional teaching standards; and establishes discipline for a poorly performing teacher who fails to improve. Directs the department, in consultation with teachers and administrators and other education stakeholders to create and publish a teacher evaluation process that complies with the requirements of this section and applies to all teachers without an annual teacher evaluation agreement. Makes this section effective for the 2014-2015 school year and later. (Article 2, Secs 14&19) http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf Title: H.F. 26 Source: http://www.house.leg.state.mn.us/ TX Signed into law 07/2011 P-12 From bill summary: Revises and expand the grounds for rendering a district employee's probationary, continuing or term contract void on the basis of a failure to meet certain requirements relating to the employee's certification and revises a district's authority to terminate an employee whose contract is void, suspend the employee with or without pay, or retain the employee for the remainder of the school year on an at-will basis. Prohibits a district from terminating or suspending an employee whose contract is void because of the employee's failure to renew or extend the employee's certificate or permit if the employee requests an extension from the state board for educator certification (SBEC) to renew, extend or otherwise validate the certificate or permit and, not later than the 10th day after the date the contract is void, takes necessary measures to renew, extend, or otherwise validate that certificate or permit, as determined by SBEC. Changes the deadline by which a district board of trustees is required to notify a teacher employed under a probationary contract and a teacher whose contract is about to expire of its decision to terminate the teacher's employment at the end of the contract period or of its intent to renew or not renew the expiring contract, and sets out requirements for delivery of such notice. Entitles a teacher employed under a probationary or continuing contract to a hearing before a hearing examiner if the teacher is protesting a proposed discharge or suspension without pay and to a hearing either before the board of trustees in the manner provided for a hearing on the nonrenewal of a term contract or before a hearing examiner, as determined by the board, if the teacher is protesting proposed action to terminate the contract before the end of the contract period on the basis of a financial exigency declared by the board that requires a reduction in personnel. Authorizes the board of trustees of a district with an enrollment of at least 5,000 students to designate a licensed attorney who is neither employed by nor affiliated with the district to hold a hearing on a proposed nonrenewal of a teacher's term contract on the board's behalf, to create a hearing record for the board's consideration and action, and to recommend an action to the board. The bill requires the board to consider the record and recommendation at the first board meeting for which notice can be posted following the receipt of the record and recommendation, unless the parties agree in writing to a different date. Bill text: http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Title: S.B. 8 - Voiding and Nonrenewal of Staff Contracts Source: www.legis.state.tx.us TX Signed into law 07/2011 P-12 From bill summary: Revises and expands the grounds for rendering a district employee's probationary, continuing or term contract void on the basis of a failure to meet certain requirements relating to the employee's certification and revises a district's authority to terminate an employee whose contract is void, suspend the employee with or without pay, or retain the employee for the remainder of the school year on an at-will basis. Prohibits a district from terminating or suspending an employee whose contract is void because of the employee's failure to renew or extend the employee's certificate or permit if the employee requests an extension from the state board for educator certification (SBEC) to renew, extend or otherwise validate the certificate or permit and, not later than the 10th day after the date the contract is void, takes necessary measures to renew, extend or otherwise validate that certificate or permit, as determined by SBEC. Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Bill text: http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Title: S.B. 8 - Employees with Void Contracts Source: www.legis.state.tx.us TX Signed into law 07/2011 P-12 From bill summary: Changes the deadline by which a district board of trustees is required to notify a teacher employed under a probationary contract and a teacher whose contract is about to expire of its decision to terminate the teacher's employment at the end of the contract period or of its intent to renew or not renew the expiring contract, and sets out requirements for delivery of such notice. Entitles a teacher employed under a probationary contract or a continuing contract to a hearing before a hearing examiner if the teacher is protesting a proposed discharge or suspension without pay and to a hearing either before the board of trustees in the manner provided for a hearing on the nonrenewal of a term contract or before a hearing examiner, as determined by the board, if the teacher is protesting proposed action to terminate the contract before the end of the contract period on the basis of a financial exigency declared by the board that requires a reduction in personnel. Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Bill text: http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Title: S.B. 8 - Termination/Nonrenewal of Teacher Contracts Source: www.legis.state.tx.us TX Signed into law 07/2011 P-12 From bill summary: Authorizes the board of trustees of a district with an enrollment of at least 5,000 students to designate a licensed attorney who is neither employed by nor affiliated with the district to hold a hearing on a proposed nonrenewal of a teacher's term contract on the board's behalf, to create a hearing record for the board's consideration and action, and to recommend an action to the board. Requires the board to consider the record and recommendation at the first board meeting for which notice can be posted following the receipt of the record and recommendation, unless the parties agree in writing to a different date. Bill text (pages 7-9 of 19): http://www.legis.state.tx.us/tlodocs/821/billtext/pdf/SB00008F.pdf#navpanes=0 Bill summary: http://www.legis.state.tx.us/BillLookup/BillSummary.aspx?LegSess=821&Bill=SB8 Title: S.B. 8 - Hearing on Proposed Nonrenewal of Teacher Contract Source: www.legis.state.tx.us NH Became law without governor's signature 07/2011 P-12 Amends the length of time required for a teacher to be entitled to the rights of notification and hearing for failure to be renominated or reelected. Declares that in cases of nonrenomination or nonreelection because of reduction in force, the reduction in force shall not be based solely on seniority. Also limits a petition for review as the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher. http://www.gencourt.state.nh.us/legislation/2011/SB0196.html Title: S.B. 196 Source: http://www.gencourt.state.nh.us/ CT Signed into law 07/2011 P-12 Sec. 3 - Allows the Commissioner of Education, upon request from a board of education for a district that has a school with grades K-8, to permit a certified teacher employed by such board in such school who holds an endorsement in elementary education and who is otherwise qualified to teach a specialized course (i.e., course in a subject area that requires specialized knowledge and skills, such as computer and information technology) to teach such specialized course in grades K-8. Sec. 14 - Changes the month that a teacher must be notified that such teacher's contract will not be renewed for the following year from April to May. http://www.cga.ct.gov/2011/ACT/Pa/pdf/2011PA-00136-R00HB-06499-PA.pdf Title: H.B. 6499 - Sec. 3, 14 Source: http://www.cga.ct.gov CT Signed into law 07/2011 P-12 Secondary School Reform Act - Delays by two years the implementation of the secondary school reform requirements enacted in 2010 that: (1) Increase the minimum number of credits required to graduate from high school; (2) Require school districts to offer students support and alternative ways to meet the new graduation requirements; and (3) Require the State Department of Education (SDE) to develop end-of-course exams in various subjects. Eliminates a requirement that the state provide grants to help districts implement the new graduation requirements and instead requires SDE to offer technical assistance to districts wishing to start implementing them. Revises and delays by one year the start of biennial status reports on the implementation of the new graduation requirements. Establishes a task force to address implementation issues arising from enhanced high school graduation requirements. Teacher Evaluations/Tenure - Moves up the deadline for the State Board of Education (SBE), in consultation with the Performance Evaluation Advisory Council (PEAC), to adopt guidelines for teacher evaluations to July 1, 2012 from July 1, 2013. Requires, for tenure purposes, that teachers whose employing boards enter cooperative arrangements to provide educational services retain their credited service with those boards if their employment is transferred to a committee administering the cooperative arrangement. Student Success Plan - Requires districts to establish a student success plan for each student starting in grade 6. School Governance Councils - Exempts boards of education with low-achieving schools that have only a single grade or that already have substantially similar school governance councils from the existing requirement to establish school councils according to the existing law. Reorganizes and clarifies the sequence and contents of required SDE reports on the implementation and effectiveness of school governance councils. http://www.cga.ct.gov/2011/ACT/Pa/pdf/2011PA-00135-R00HB-06498-PA.pdf Title: H.B. 6498 Source: http://www.cga.ct.gov IN Signed into law 07/2011 P-12 Establishes an annual staff performance evaluation that categorizes teachers as highly effective, effective, improvement necessary, or ineffective. Allows school corporations to meet requirements for evaluation plans by using any of the following models: A plan using master teachers or contracting with an outside vendor for master teachers; the System for Teacher and Student Achievement (TAP); or the Peer Assistance and Review Teacher Evaluation System (PAR). Specifies components that plans must include, such as annual evaluations for all certificated employees; objective measures of student achievement and growth to significantly inform the evaluation; rigorous measures of effectiveness, including observations and other performance indicators, and an annual designation of highly effective, effective, improvement necessary or ineffective; an explanation of the recommendations for improvement and the time in which improvement is expected; and a provision that a teacher who negatively affects student achievement and growth cannot receive a rating of highly effective or effective. Specifies that a teacher rated ineffective or improvement necessary may not receive a raise or increment for the following year. Provides that a student may not be instructed two years in a row by two different teachers who have been rated as ineffective in the year preceding the student's placement in that class if avoidable. Changes the process concerning how teacher contracts are canceled (affects tenure). For any teachers hired after 7/2012, teachers with a rating of ineffective are considered probationary. Probationary status for teachers hired after 7/2012 is for one year, plus a new contract. Teachers hired after 7/2012 may be dismissed for incompetence, and incompetence is defined as an "ineffective" rating on 2 consecutive evaluations or 2 consecutive "improvement necessary" ratings or "ineffective" or "improvement necessary" ratings in 3 out of 5 years. Requires notice of cancellation of a teacher's contract not earlier than May 1 and not later than July 1. Eliminates the Advisory Board of the Division of Professional Standards of the Indiana Department of Education (IDOE). Repeals references to the advisory board and the existing staff performance evaluation provisions, and makes corresponding changes to related sections. Requires the IDOE to revoke the license of a licensed school employee if the employee is convicted in another state or under federal statutes of an offense that is comparable to the felonies for which the employee's license would be revoked if committed in Indiana. http://www.in.gov/legislative/bills/2011/PDF/FISCAL/SB0001.007.pdf Full text: http://www.in.gov/legislative/bills/2011/SE/SE0001.1.html Title: S.B. 1--Teachers Source: http://www.in.gov/legislative/ IN Signed into law 07/2011 P-12 Adds new sections of law (20-28-6-7.5 and 20-28-7.5). PROBATIONARY STATUS: For teachers not under contract prior to 7/2012, a teacher is considered probationary if he/she was under contract after 7/2011, has not yet received a rating or receives a rating of ineffective, has not entered into a contract for further service, and has not received 3 ratings in a 5 year period of effective or highly effective. After June 30, 2011, a teacher who receives a rating of effective, highly effective or a combination for at least 3 years in a 5 year period becomes a professional teacher by entering into a contract. A professional teacher who receives a rating of ineffective will be considered probationary but is not subject to cancellation of the teacher's contract unless at least one of the following criteria applies: 1) receives a rating of ineffective in the year immediately following the initial rating of ineffective; 2) cancellation is due to a justifiable decrease in the number of teaching positions; 3) contract cancellation is due to conduct set forth in IC 20-28.7.5-1(b). CANCELLATION of CONTRACT: After June 30, 2012, contracts cancelled due to a justifiable decrease in the number of teaching positions must be determined on the basis of performance, not seniority. For teachers under contract prior to 7/2011, 2 years probationary for semi permanent teachers and 5 years probationary for permanent teachers. Lists reasons that allow for immediate cancellation of a contract: 1) immorality; 2) insubordination, which means a willful refusal to obey the state school laws or reasonable rules; 3) justifiable decrease in the number of teaching positions; 4) incompetence, including receiving an ineffective designation on 2 consecutive evaluation or an ineffective designation or improvement necessary rating in 3 years or any 5 year period; 5) neglect of duty; 6) conviction for an offense list in law; 7) other good or just cause. Notice for any reason other than reduction in force must inform the teacher that, no later than 5 days after teacher's receipt of the notice, the teacher may request a private conference with the superintendent, and the superintendent must set the meeting not later than 10 days after.Teachers may also request a conference with the governing body. Full text: http://www.in.gov/legislative/bills/2011/SE/SE0001.1.html Title: S.B. 1 - Teacher Contract Renewal Source: http://www.in.gov/legislative/bills NC Signed into law 06/2011 P-12 Modifies the law governing teacher career status. Creates a definition of "inadequate performance" for teachers: failure to perform at a proficient level on any standard of the Department of Public Instruction's teacher evaluation instrument or otherwise performing in a manner that is below standard. Modifies the procedure for dismissal or demotion of career employee. Requires an annual evaluation of licensed employees assigned to all schools identified as low-performing. Requires local boards to use performance standards and criteria adopted by State Board of Education (SBE) and allows local boards to adopt additional evaluation criteria and standards. Mandates probationary teacher observations in schools not identified as low-performing at least 3 times annually by a principal and at least one time annually by a teacher. Provides that if a teacher receives a performance rating that is below proficient or otherwise below standard a principal may place the teacher on a mandatory improvement plan equivalent to those in low-performing schools. Establishes that after reassessment of the teacher on the areas of deficiency identified in the mandatory improvement plan, if the teacher is not proficient in any of the performance standards identified or has not demonstrated sufficient improvement towards those standards, the superintendent may recommend demotion or dismissal. Establishes immunity for negligence for acts or omissions taken with regards to teacher evaluation/observations and institution of mandatory improvement plans. Replaces the word "certificate" with "license" throughout the law governing the system of employment for public school teachers. http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/HTML/S466v5.html Title: S.B. 466 Source: http://www.ncga.state.nc.us IL Signed into law 06/2011 P-12 Repeals provision allowing teacher to be dismissed for failure to complete a 1-year remediation plan with a "satisfactory" or better rating; replaces with provision allowing dismissal on the basis of performance. Defines "incompetency" for purposes of suspension or revocation of teacher licensure as 2 or more school terms of service for which the certificate holder has received an "unsatisfactory" rating on a performance evaluation within 7 school terms. Identifies factors the state superintendent must consider in determining whether to initiate action against one or more certificates based on incompetency and the recommended sanction for such action, including among others the evaluator or evaluators who performed an unsatisfactory evaluation met the pre-certification and training requirements established in statute, the time between the unsatisfactory evaluation ratings, the quality of the remediation plans associated with the unsatisfactory evaluation ratings and whether the certificate holder successfully completed the remediation plans, and whether one or more of the unsatisfactory evaluation ratings occurred in the first year of a teaching or administrative assignment. Authorizes the state superintendent to seek required professional development, at the certificate holder's expense, as a sanction in lieu of or in addition to suspension or revocation. Pages 5-8 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Teacher Dismissal; Suspension or Revocation of Teacher Licensure Source: www.ilga.gov IL Signed into law 06/2011 P-12 Applies to all districts (Note: The probationary period has been 4 years since 1998): Increases teacher probationary period to 4 consecutive school terms prior to the implementation of PERA (teacher evaluation based in part on student performance; districts vary on when PERA will be implemented). Clarifies that such a teacher who completes the probationary period enters into contractual continued service only in that district or the programs the teacher is legally qualified to hold. Provides that for probationary teacher appointed after July 2013, the teacher enters into contractual continued service after one of the following: (1) 3 years (if 3 consecutive "excellent" reviews in first 3 years of full-time service) (2) 4 years (if teacher has 4 consecutive school terms of service in which he/she receives a rating of at least "Proficient" in the last school term and rating of at least "Proficient" in either the 2nd or 3rd school term) (3) 2 years (if 2 consecutive "Excellent" annual evaluations in the current district, teacher previously earned contractual continued service in another district in the state and voluntarily left the former district or was released by RIF in school term immediately before starting in new district, and was rated at least "Proficient" in 2 most recent annual or biennial evaluations from prior school district after PERA implemented). If after 4 consecutive school terms the teacher's performance does not qualify the teacher for contractual continued service, the teacher must be dismissed. If a performance evaluation is not conducted in any year when it is required to be conducted, the teacher's performance evaluation rating for purposes of determining the attainment of contractual continued service must be "Proficient". Defines "school term" for purposes of determining contractual continued service. Requires that for teachers dismissed in the last year of their probationary service (except those teachers described in (3) above), the written notice of dismissal must contain specific reasons for dismissal. Establishes procedures for reduction in force of full-time teachers in a program of a special education joint agreement, and in the event of the dissolution of a joint agreement. Pages 14-26 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Teacher Employment (Attainment of Tenure) Source: www.ilga.gov IL Signed into law 06/2011 P-12 Applies to all districts: Requires that the dismissal notice of a teacher in continued service (other than an honorable dismissal) include a bill of particulars and the teacher's right to request a hearing. Amends various due process provisions. Allows a teacher to elect to have a hearing before a mutually-selected hearing officer, effective July 2012. Requires hearing officers to be selected from a state board master list, and beginning September 2012, to have participated in training provided or approved by the state board of education for teacher dismissal hearing officers. Provides for state board to appoint a hearing officer if teacher and board do not reach agreement on any of the names on the initial list of hearing officers provided by the state board. Amends alternative means of selecting a hearing officer. Establishes requirements for hearing officers, including that the hearing officer issue a decision and provide the decision in writing to both the teacher and board within 30 days from the end of the hearing or closure of the record, whichever is later. Amends process for determining which party pays fees and costs for the hearing officer (fees and costs automatically paid by state board until July 2012). Amends procedures for hearings, and directs the state board to promulgate rules related to various aspects of hearing proceedings. Requires a hearing officer to commence the hearing within 75 days and conclude the hearing within 120 days after being selected as the hearing officer; permits modification of these timelines for good cause or upon agreement of both parties. Limits each party to no more than 3 days to present its case; provides exceptions. Provides additional penalties if a hearing officer does not render a judgment within 30 days of the end of a hearing. Requires permanent removal of a hearing officer from the state board master list for failing twice to render a decision in 30 days. Amends language regarding school board actions subsequent to the hearing officer's findings of fact and recommendation. Establishes optional alternative evaluative dismissal process for PERA evaluations for all districts (including Chicago) or a program of a special education joint agreement. Provides this option is available only if (1) the cause of dismissal is that the teacher failed to complete a remediation plan with a rating equal to or better than "Proficient"; (2) the "Unsatisfactory" performance evaluation rating that preceded remediation resulted from a PERA evaluation; and (3) the school district complied with specified pre-remediation and remediation processes. Limits scope of hearing to require board to demonstrate specified elements; permits teacher to only challenge the substantive and procedural aspects of (i) the "Unsatisfactory" performance evaluation rating that led to the remediation, (ii) the remediation plan, and (iii) the final remediation evaluation. Pages 38-67 of 111: http://www.ilga.gov/legislation/publicacts/97/PDF/097-0008.pdf Title: S.B. 7 - Dismissal of Teacher in Continued Service Source: www.ilga.gov NV Signed into law 06/2011 P-12 Expands the requirements of the annual reports of accountability to include a reporting of the number and percentages of administrators, teachers, and other staff for each elementary school, middle school or junior high school and high school and for each school district in the state. Requires the board of trustees of each school district to: (1) establish a program of performance pay and enhanced compensation for the recruitment and retention of licenses teachers and administrators; and (2) implement the program commencing with the 2014-15 school year. Section 9 provides that if a written evaluation of a probationary teacher or administrator states that overall performance is "unsatisfactory": (1) evaluation must include a written statement that the contract of the person so evaluated may not be renewed for the next school year and that the employee may request reasonable assistance in correcting the deficiencies identified in the evaluation; and (2) the person must acknowledge in writing that he or she has received and understands the written statement. Section 12 revises the grounds for which a teacher may be suspended, dismissed or not reemployed to include gross misconduct. Section 13 provide that a postprobationary teachers receiving an unsatisfactory evaluation or a minimally effective evaluation must be evaluated three times in the immediately succeeding school year. Effective July 1, 2013, Sections 14 and 16 of this bill revise the policies for evaluations of teachers and administrators to require the designation of an individual teacher or administrators as "highly effective,", "effective," "minimally effective", or "ineffective" and provide that the policies must require that certain information on pupil achievement which is maintained by the automated system of accountability information for Nevada account for at least 50% of the evaluations. Section 19.6 provides that a board of trustees of a school district that determines a reduction in the existing workforce of the licensed educational personnel in the school district is necessary must not base the decision to lay off a teacher or an administrator solely on the seniority of the teacher or administrator and my consider other factors. http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB229_EN.pdf Title: A.B. 229 Source: http://www.leg.state.nv.us ME Signed into law 05/2011 P-12 Requires three years of experience in a school administrative unit before a teacher may receive a continuing contract offer. Requires the superintendent to evaluate probationary teachers during, but not limited to, their second year of employment. Provides that the method of evaluation must be determined by the school board and implemented by the superintendent. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC172.asp Title: H.P. 720 Source: http://www.mainelegislature.org AL Signed into law 05/2011 P-12 Postsec. Establishes the Students First Act of 2011. Establishes the purposes of this act. Provides definitions. Provides no action may be proposed or approved based upon the personal or political reasons of the employer, chief executive officer or governing board. Establishes processes and conditions for teachers to obtain and retain tenure, and for probationary classified employees to obtain and retain nonprobationary status. Provides that neither tenure nor nonprobationary status creates or confers any enforceable right or protected interest in or to a specific position, rank, work site or location, assignment, title, or rate of compensation within those categories of employment. Provides that neither tenured status or time in probationary service are transferable from one employer to another. Provides conditions and processes for the termination of probationary classified employees and probationary teachers. Provides conditions under which tenured teachers and nonprobationary classified employees may be terminated, and procedures for such termination. Provides for a hearing upon employee request. Provides procedures for an employee terminated following a hearing to obtain a review of an adverse decision. Provides layoffs or other personnel actions that are unavoidable reductions in the workforce beyond normal attrition due to decreased student enrollment or shortage of revenues are not subject to challenge or review under this act. Provides conditions and processes for an employee's suspension for cause with or without pay. Provides employees may be transferred or reassigned at any time as the needs of the employer require to any position for which they are qualified. Permits a chief executive officer to reassign a teacher to any grade, position, or work location within the same school, or, for two-year institutions operated under the authority and control of the department of postsecondary education, to any teaching position or work location that is under the control and jurisdiction of the institution, as the needs of the employer require. Permits tenured teachers to be transferred within an agency or system to any grade or position outside of the school to which the teacher is assigned, subject to specified terms and conditions; establishes similar conditions for nonprobationary classified employees, including employees of two-year institutions operated by the department of postsecondary education. Establishes conditions under which probationary and tenured teachers and probationary and nonprobationary classified employees may be transferred to another position with lower compensation or a shorter term of employment. Provides that the employment of a teacher whose certificate is revoked by the state superintendent of education is summarily terminated. Provides that if a conviction resulting in the revocation of the certificate is overturned, the certificate must be immediately reinstated, and the employer must either place the employee in a position for which the employee holds appropriate certification or place the employee on paid administrative leave. Prohibits a teacher from terminating his/her employment within 30 days of first day of the next school term, or for employees of two-year institutions operated by the department of postsecondary education, within 30 days of the fall semester. Provides for relief for an employee who has been denied a hearing before an employer. Permits an employer to grant an employee a one-year leave of absence for good cause without impairing the employee's tenured or nonprobationary status. Requires that leaves of absences for military service be as provided in Section 31-2-13. Provides that all laws or parts of laws that conflict with this act are repealed, specifically portions of the Teacher Tenure Law, commencing with Section 16-24-1; the Fair Dismissal Act, commencing with Section 36-26-100; and Section 16-24B-7, Code of Alabama 1975, relating to teacher transfers. Title: S.B. 310 Source: TN Signed into law 05/2011 P-12 Eliminates the requirement that written notices of termination for K-12 teachers in public schools contain a statement of prior authorization by a majority vote of the local school board with the name of the teacher recorded. http://www.capitol.tn.gov/Bills/107/Bill/HB0731.pdf Title: H.B. 731 Source: http://www.capitol.tn.gov MD Signed into law 05/2011 P-12 Requires the state Department of Education to develop an informational form that lists and explains the various paths that can be taken in order to obtain certification and tenure in the state and must post the form on its website. http://mlis.state.md.us/2011rs/bills/sb/sb0687e.pdf Title: S.B. 687 Source: http://mlis.state.md.us FL Signed into law 05/2011 P-12 Postsec. Repeals provisions relating to programs that were never implemented or are no longer funded. The programs are: Digital Divide Council and the associated Pilot Project for Discounted Computers and Internet Access for Low-Income Students; the Institute on Urban Policy and Commerce; the Community and Faith-based Organizations Initiative; the Community and Library Technology Access Partnership; the Community computer access grant program; Adult Literacy Centers; the Florida Literacy Corps; Preteacher and Teacher Education Pilot programs, the Teacher Education Pilot Programs for High-Achieving Students; the Merit Award Program; the Critical Teacher Shortage Program, which includes: the Florida Teacher Scholarship and Forgivable Loan Program, the Critical Teacher Shortage Tuition Reimbursement Program, and the Critical Teacher Shortage Student Loan Forgiveness Program. The legislation also repeals professional service contracts for instructional staff and the requirement for students who took Algebra I in the middle grades from 2007-2008 through 2009-2010 to take the Algebra I end-of-course assessment in the 2010-2011 school year. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.docx&DocumentType=Bill&BillNumber=7087&Session=2011 Title: H.B. 7087 Source: http://www.myfloridahouse.gov MD Signed into law 05/2011 P-12 Requires the state Department of Education to develop a specified form relating to teacher certification and tenure and to post the form on its Web site. Requires the Adjutant General or the Adjutant General's designee to assist military spouses in finding specified employment. http://mlis.state.md.us/2011rs/bills/hb/hb0998e.pdf Title: H.B. 998 Source: http://mlis.state.md.us OK Signed into law 04/2011 P-12 Modifies and deletes several substantive elements related to teacher contract definitions and the Teacher Due Process Act of 1990. Deletes career teacher pretermination hearing procedures and requirements and the right to appeal to a district court; deletes requirement to extend suspensions until completion of a such an appeal. (Sections 6-101.26-27) http://webserver1.lsb.state.ok.us/2011-12bills/HB/HB1380_ENR.RTF Title: H.B. 1380 Source: http://webserver1.lsb.state.ok.us OH Signed into law 04/2011 P-12 --Public employee pay: Does away with salary schedules and replaces with salary "ranges." Requires performance-based pay for teachers and nonteaching school employees. Requires a school board to measure performance by considering the level of license the teacher holds, whether the teacher is a "highly qualified teacher," the value-added measure the board uses to determine the performance of the students assigned to the teacher's classroom, the results of the teacher's performance evaluations or peer reviews (see Section 3317.13). --Public employee benefits: Caps vacation leave at 7.7 hours per biweekly pay period. Reduces sick leave accrual for most public employees from 4.6 hours to 3.1 hours per biweekly pay period. Limits public employer contributions toward health care benefit costs to 85%. Requires health care benefits provided to management level employees to be the same as any health care benefits provided to other employees of the same public employer. Requires boards of education to adopt policies to provide leave with pay for school employees not covered by a collective bargaining agreement, and abolishes statutorily provided leave for teachers and nonteaching school employees. Prohibits a public employer from paying employee contributions to the five public employee retirement systems. Requires health care benefits provided through a jointly administered trust fund to be the same as the health care benefits provided to other public employees. --Employment: Abolishes continuing contracts for teachers, except for those continuing contracts in existence prior to the effective date of the bill and revises the law relating to limited contracts. Reduction in force: Prohibits a school district financial planning and supervision commission from using seniority as the only factor when making reductions in nonteaching employees. Prohibits a public employer from violating Ohio or federal civil rights law when conducting a reduction in force. Bill text: http://www.legislature.state.oh.us/BillText129/129_SB_5_EN_N.pdf Bill summary: http://www.lsc.state.oh.us/analyses129/s0005-rs-129.pdf Title: S.B. 5 - Compensation sections Source: http://www.legislature.state.oh.us TN Signed into law 04/2011 P-12 From the Fiscal Note: Changes, from May 15 to June 15, the date by which teachers must receive termination notices and by which teachers and other school personnel must be assigned to a school for the next school year. Changes the probationary period that a teacher must serve before being eligible for tenure to five years or forty-five months in a seven-year period. Requires teachers to receive good performance reviews in the last two preceding probationary years before becoming eligible for tenure. Requires teachers who achieve tenure, resign from their position, and return to the school system to serve a probationary period of two years before being eligible for tenure again. These limitations do not apply to teachers who acquired tenure prior to June 15, 2011. Authorizes teachers who receive two consecutive years of poor teacher evaluations to be placed on probationary status for two years and authorizes tenure to be reinstated upon receiving two consecutive years of good teacher evaluations. Authorizes teacher evaluations to be a factor when determining whether a teacher who is on the preferred list for reemployment is qualified for a position. http://www.capitol.tn.gov/Bills/107/Bill/SB1528.pdf Title: S.B. 1528 Source: http://www.capitol.tn.gov OH Signed into law 03/2011 P-12 Abolishes continuing contracts for teachers, except for those continuing contracts in existence prior to the effective date of the bill. Revises the law relating to limited contracts. For teachers holding contracts prior to the effective date of amendments, contracts can be for no longer than 5 years. For those hired after the effective date of this law, the term of the contract cannot exceed 3 years. Any subsequent contract is required to be for a term of not less than 2 years and not more than 5 years. Clarifies the parameters for granting of a a continuing contract. http://www.legislature.state.oh.us/BillText129/129_SB_5_EN_N.pdf Title: S.B. 5 - Teacher Tenure Source: www.legislature.state.oh.us FL Signed into law 03/2011 P-12 Repeals existing language in section 1012.33 regarding procedures after employee performance deficiencies have been identified. Provides that effective July 2011, each new district employee hired as instructional personnel must be awarded a probationary contract, and that an annual contract may be awarded upon successful completion of the probationary contract. Establishes criteria for award of an annual contract, including that the employee has not received two consecutive annual performance evaluation ratings of unsatisfactory, two annual performance evaluation ratings of unsatisfactory within a 3-year period, or three consecutive annual performance evaluation ratings of needs improvement or a combination of needs improvement and unsatisfactory. (Provides elsewhere that such performance is included in the definition of just cause.) Provides that instructional personnel who accept a written offer from the local board and who leave their positions without prior release from the local board are subject to the jurisdiction of the Education Practices Commission. Provides that any instructional personnel with an annual contract may be suspended or dismissed at any time during the contract for just cause. Directs the state board to adopt rules to define "just cause". Provides for suspension and reinstatement of instructional personnel on an annual contract, and hearing processes. Provides that charter schools are not exempt from these provisions. http://laws.flrules.org/files/Ch_2011-001.pdf Title: S.B. 736 - Teacher Contracts Source: laws.flrules.org ID Signed into law 03/2011 P-12 Section 33-515 states that it is the intent of the legislature that after January 31, 2011, no new employment contract between a school district and a certificated employee shall result in the vesting of tenure, continued expectations of employment or property rights in an employment relationship. Therefore, no board of trustees has the authority to enter into any renewable contract with any certificated or other employee hired by such district, except as specifically addressed by section 33-515 and 33-514 (3), Idaho Code. For any certificated employees already holding renewable contract status with a district as of January 31, 2011, the employees have the right to the continued automatic renewal of that employee's employment contract. For those employees not grandfathered in, there are two categories of annual contracts. A category A contract is a limited -year contract for certificated personnel in the first or greater years of continuous employment with the same district. A category B contract is a limited 2-year contract that may be offered at the sole discretion of the board of trustees who may choose to add an additional year to such a contract upon the expiration of the first year, resulting in a new 2-year contract. For employees whose contracts will not -- at the board's discretion -- be renewed, notice must be provided to the employee in writing by July 1. Employees must be given, upon request, the opportunity for an informal review of such a decision by the board of trustees. Provides other provisions relating to reductions in force; and to provisions relating to contract negotiations and establishing contracts. Part 2 of 3 part Children Come First legislation. http://legislature.idaho.gov/legislation/2011/S1108.pdf Title: S.B. 1108 Source: http://legislature.idaho.gov/ WY Signed into law 03/2011 P-12 Requires districts to evaluate teacher performance, based in part upon standards set by State Board of Education. --Initial contract teachers evaluated twice annually --Continuing contract teachers evaluated annually --Requires each District Superintendent to report to the district board of trustees each April 15. Report containing: (a) All teachers whose performance evaluations are determined inadequate or unsatisfactory; (b) Mentoring and professional development activity made available to the identified teachers; (c) School boards shall file a report with the State Department of Education not later than June 1 of each year certifying compliance with this requirement. --Clarifies reasons for suspension, dismissal or termination --If a board proposes the suspension or dismissal of a teacher, the teacher shall be notified of the proposed suspension or dismissal and may be suspended with or without pay --Requires hearings for termination , dismissal or suspension to be provided through the Office of Administrative Hearings --Eliminates the ability of any school board to designate a teacher as a continuing contract teacher at any time without regard to other provisions of teacher contract law. Requires Select Committee on Accountability to study the use of the statewide accountability system for use in annual teacher evaluation. Select Committee is to recommend changes to the Teacher Accountability Act which provide a consistent, reliable and clearly defined evaluation process to measure teacher performance based upon growth in student performance. Act applies to all teacher contracts from and after July 1, 2012. http://legisweb.state.wy.us/2011/Engross/SF0146.pdf Title: S. F. 146--Tenure Source: http://legisweb.state.wy.us NC Signed into law 07/2010 P-12 Requires superintendents to report to the state board of education on career employees who resign without the written agreement of the superintendent and have been recommended for dismissal; Provides that the employee will be viewed as having consented to: (1) having written notice of the superintendent's intention to recommend dismissal placed in the employee's personnel file and (2) the release, upon request, to prospective employers of the fact that the superintendent has reported the employee to the state board and that pending a state board investigation to determine whether to pursue action against the employee's license, the employee will be deemed to have voluntarily surrendered his or her license for up to 45 days from the date of the resignation. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H1377v6.pdf Title: H.B. 1377 Source: http://www.ncga.state.nc.us OK Signed into law 06/2010 P-12 This section addresses employment status of career teachers (defined in this section), probationary teachers and administrators. A principal who has received a rating of "ineffective" as measured pursuant to the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6 of this act for two (2) consecutive school years, shall not be reemployed by the school district, subject to the due process procedures of this section. Subject to the Teacher Due Process Act of 1990, 1. A career teacher who has been rated as "ineffective" as measured pursuant to the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) as set forth in Section 6 of this act for two (2) consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district. 2. A career teacher who has been rated as "needs improvement" or lower pursuant to the TLE for three (3) consecutive school years shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district. 3. A career teacher who has not averaged a rating of at least "effective" as measured pursuant to the TLE over a five-year period shall be dismissed or not reemployed on the grounds of instructional ineffectiveness by the school district. A probationary teacher who has been rated as "ineffective" as measured pursuant to the TLE for two (2) consecutive school years shall be dismissed or not reemployed by the school district subject to the provisions of the Teacher Due Process Act of 1990. A probationary teacher who has not attained career teacher status within a four-year period shall be dismissed or not reemployed by the school district.. http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB2033_ENR.RTF Title: S.B. 2033 Source: http://webserver1.lsb.state.ok.us CO Signed into law 05/2010 P-12 Calls for the development of a teacher evaluation system in which at least 50% of the evaluation is determined by the academic growth of the teacher's students. The evaluation system must include multiple measures of student performance in conjunction with student growth expectations. Bases at least 50% of a principal's evaluation on the academic growth of students and the effectiveness or improvement in the effectiveness of his/her teachers.The new evaluation system is to be implemented statewide in 2013-14. Expectations of student academic growth must take diverse factors into consideration, including student mobility, special education status and classrooms in which 95% of the student population meets the statutory definition of "high-risk student." Standardizes "effectiveness" by directing the newly-formed State Council for Educator Effectiveness to recommend to the state board a definition of "effectiveness" (upon which the state board must adopt rules by September 2011). http://www.leg.state.co.us/clics/clics2010a/csl.nsf/fsbillcont3/EF2EBB67D47342CF872576A80027B078?open&file=191_enr.pdf Title: S.B. 191 Source: http://www.leg.state.co.us OK Signed into law 05/2010 P-12 Authorizes a district board of education for a district with an average daily membership of more than 30,000 which implements an alternative governance arrangement to use the following procedures, upon approval of the district board and concurrence of the executive committee of the appropriate local bargaining unit: a. any teacher not retained at the school site shall be given status as a full-time substitute teacher within the school district for a period of not to exceed two (2) years; b. if the teacher is not offered a contract teaching position at a school in the district within the two-year period specified in subparagraph a of this paragraph, the district board shall be authorized to not reemploy the teacher, and c. the district board shall designate trained, certified, instructional staff to provide teacher support, development and evaluation, which may include certified personnel other than administrators. These actions are not to be subject to the Teacher Due Process Act of 1990. The decision by the district board for renewal or nonrenewal is final. (For these purposes, a full-time substitute teacher is to perform the duties assigned by the district superintendent and is to continue to receive the same salary, benefits and step increases that the teacher would otherwise be entitled to for the time period the teacher serves as a full-time substitute.) http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB509_ENR.RTF Title: S.B. 509 Source: http://webserver1.lsb.state.ok.us CT Signed into law 05/2010 P-12 Provides that any certified teacher or administrator employed by a local or regional board of education for a school district identified as a priority school district may attain tenure after 10 months of employment if such certified teacher/administrator previously attained tenure with another local or regional board in Connecticut or another state. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00111-R00SB-00438-PA.htm Title: S.B. 438 - Sec. 9 Source: http://www.cga.ct.gov SC Signed into law 05/2010 P-12 Permitted local school districts to delay by one month the date by which they must to notify teachers of whether their contract was renewed for the 2010-2011 school year. http://www.scstatehouse.gov/sess118_2009-2010/bills/4299.htm Title: H.B. 4299 Source: http://www.scstatehouse.gov TN Signed into law 04/2010 P-12 Changes, from April 15 to May 15, the annual date by which teachers must be notified in writing of their dismissal, reelection, or that their position has been abolished by the local board of education. Chapter No. 798 http://www.capitol.tn.gov/Bills/106/Bill/HB2772.pdf Title: H.B. 2772 Source: http://www.capitol.tn.gov MD Signed into law 04/2010 P-12 Extends the probationary period of employment (nontenure) for certificated employees from 2 years to 3 years, requires that nontenured certificated employees be evaluated annually, and requires that student growth data be used in teacher and principal performance evaluations. If a nontenured certificated employee is not on track to qualify for tenure at any formal evaluation point, a mentor must promptly be assigned and additional professional development provided. For tenured teachers who move to another district, that employee is to be granted tenure if his/her contract is renewed after one year as long as the final evaluation from the preceding employer is satisfactory or better and there has been no break in service between the two systems of longer than one year. Local districts may extend the probationary period for such an employee for a second year if the employee does not meet performance evaluation criteria but demonstrates a strong potential for improvement. The new tenure policy only applies to an employee with a date of employment that begins on July 1, 2010, or later. Adds "student growth" to the teacher evaluation measures. Requires the state board to adopt regulations that establish general standards for performance evaluations for teachers and principals that include observations, clear standards, rigor, and claims and evidence of observed instruction. These regulations are required to include model performance evaluation criteria. The state board is required to solicit input from local districts. Requires county boards to establish performance evaluation criteria that includes data on student growth as a significant component of the evaluation and as one of multiple measures -- that are mutually agreed on by the local system and the exclusive employee representative. Evaluations may not be based solely on an existing or newly created examination or assessment, although such an assessment may be used as one of the multiple measures. No single criterion may account for more than 35% of the total performance evaluation criteria. If agreement on the model performance evaluation criteria is not reached between the local system and the exclusive employee representative, this takes effect in the local system 6 months following the final adoption of the state board regulations. http://mlis.state.md.us/2010rs/bills/hb/hb1263e.pdf Title: H.B. 1263 - Tenure and Evaluation Sections Source: http://mlis.state.md.us GA Signed into law 03/2010 P-12 Relates to annual contracts for certified K-12 personnel. Extends to May 15 (for the 2010-11, 2011-12, and 2012-13 school years only) the deadline for districts to tender a contract for current teachers and other certified personnel for the following school year, or provide written notification of the intent not to renew an existing certified staff person's contract for the following school year. Also extends employment into the subsequent school year for any teacher or other certified staff person who has not received a termination notice by such extended date, unless the employee provides written notification by June 1. http://www.legis.state.ga.us/legis/2009_10/pdf/hb906.pdf Title: H.B. 906 Source: www.legis.state.ga.us IN Signed into law 03/2010 P-12 Relates to indefinite teacher contracts; removes the age limitof 71 for teachers who hold an indefinite contract. Effective July 1, 2010. Public Law 43 http://www.in.gov/legislative/bills/2010/EH/EH1005.1.html Title: H.B. 1005 Source: http://www.state.in.us/legislative NM Signed into law 03/2010 P-12 District must provide for the mentorship and evaluation of level one teachers. At the end of each year and at the end of the license period, the teacher shall be evaluated for competency. If the teacher fails to demonstrate satisfactory progress and competence annually, the teacher may be terminated. If the teacher has not demonstrated satisfactory progress and competence by the end of the five-year period, the teacher shall not be granted a level two license. http://nmlegis.gov/Sessions/10%20Regular/final/HB0071.pdf Title: H.B. 71 Source: http://nmlegis.gov/ TN Signed into law 01/2010 P-12 Creates a Teacher Evaluation Advisory Committee (TEAC) composed of 15 members, including the Commissioner of Education, the Executive Director of the State Board of Education, the Chairs of the Education Committees of the Senate and House of Representatives, and 11 other members appointed by the Governor. Requires the TEAC to develop and recommend to the Board guidelines and criteria for annual evaluation of all teachers and principals, including a grievance procedure. Effective no later than July 1, 2011, requires the Board to adopt policies to implement the recommended guidelines and criteria. Annual evaluation of principals shall be based in part on student achievement data. Student achievement data will make up 50% of the evaluation criteria, with 35% on student growth; 15% on other measures of achievement. Authorizes LEAs to develop their own proposed salary schedules, subject to approval by the Commissioner. No salary schedule may reduce the salary of any teacher employed at the time the salary schedule is adopted. Grants any tenured teacher the right to a hearing before an impartial hearing officer selected by the local board of education prior to termination. Link to fiscal note: http://www.capitol.tn.gov/Bills/106/Fiscal/HB7010.pdf Title: S.B. 7005A - H.B. 7010A Source: http://www.capitol.tn.gov AZ Signed into law 08/2009 P-12 Section 14. H--Notwithstanding any other law, a school district or charter school shall not adopt policies that provide employment retention priority for teachers based on tenure or seniority. http://www.azleg.gov/legtext/49leg/3s/bills/hb2011.pdf Title: H.B. 2011--Section 14 Source: http://www.azleg.gov AZ Signed into law 08/2009 P-12 Section 15-536 removes deadlines for districts to offer teaching contracts or notify of a general salary reduction and eliminate a prohibition against reducing the salary of a tenured teacher except as a part of a reduction for all teachers. http://www.azleg.gov/legtext/49leg/3s/bills/hb2011.pdf Title: H.B. 2011--Section 17 Source: http://www.azleg.gov/ OH Signed into law 07/2009 P-12 From the DOE summary of H.B. 1: Makes regular classroom teachers who become licensed for the first time on or after January 1, 2011, eligible for a continuing contract (tenure) after seven years of holding an educator license. DOE summary of H.B. 1: http://www.ode.state.oh.us/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635 Pages 1355-1357 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3319.08 Source: www.ode.state.oh.us OH Signed into law 07/2009 P-12 From DOE summary of H.B. 1: Eliminates "gross inefficiency or immorality" and "willful and persistent violations of reasonable regulations of the board of education" as statutory grounds for termination of a school district teacher employment contract. Retains "good and just cause" as statutory grounds for termination of a school district teacher employment contract. Specifies that the bill's changes to the grounds for termination of a teacher's contract prevail over any conflicting collective bargaining agreement entered into after the provision's effective date. Repeals current provision that limits referees who hear termination cases of licensed educators to hearing no more than two cases per school year. DOE summary of H.B. 1: http://www.ode.state.oh.us/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635 Pages 1367-1370 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3319.16 and 3319.161 Source: www.legislature.state.oh.us MO Signed into law 06/2009 P-12 Eliminates tenure protection for non-certified employees in the St. Louis City School District who are hired after August 28, 2009. http://www.senate.mo.gov/09info/pdf-bill/tat/SB291.pdf Title: S.B. 291 - Tenure Source: http://www.senate.mo.gov OK Signed into law 05/2009 P-12 Modifies date by which certain notifications regarding contracts must occur (from April 10 to first Monday in June). Teachers who choose not to return are required to provide notice within 15 days of the first Monday in June. http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB394_ENR.RTF Title: S.B. 394 Source: http://webserver1.lsb.state.ok.us TN Signed into law 05/2009 P-12 Tennessee Code Annotated, Section 49-5-512(c), is amended by deleting subdivision (1) in its entirety and by substituting instead the following: (1) In any county with a metropolitan form of government and a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, a tenured teacher receiving notification of charges pursuant to § 49-5-511, may, within thirty (30) days after receipt of the notice, demand a hearing on such charges. Previous law permitted a hearing only for charges related to dismissals. http://www.capitol.tn.gov/Bills/106/Bill/SB1446.pdf Title: S.B. 1446 Source: http://www.capitol.tn.gov/Bills OK Vetoed 05/2009 P-12 Relates to schools; establishes the School District Empowerment Program; states purpose; exempts certain districts from certain statutory requirements and rules; specifies certain requirement; identifies districts for participation and implementation of program; specifies method of selection of remaining districts and timeline for implementation; relates to the Teacher Due Process Act; makes the career pretermination hearing process and the right to trial de novo apply to certain career teachers. http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB834_ENR.RTF Title: S.B. 834 Source: http://webserver1.lsb.state.ok.us ND Signed into law 03/2009 P-12 Revises due process provisions relates to discharge for cause of a teacher, principal or assistant superintendent prior to the expiration of a contract. http://www.legis.nd.gov/assembly/61-2009/bill-text/JBLI0300.pdf Title: S.B. 2357 Source: http://www.legis.nd.gov WA Adopted 10/2008 P-12 Amends rules concerning collective bargaining agreements. Allows collective bargaining agreements between cities, counties, school districts and other municipal corporations and their represented employees for a term of up to six years. WASHINGTON 28575 Title: WAC 391-25-030 Source: Lexis-Nexis/StateNet HI Became law without governor's signature 07/2008 P-12 Repeals statute pertaining to the probationary period of employment for non-tenured teachers, principals and vice-principals so as to come into compliance with an agreement between the department of education and the Hawaii state teachers association that reduces the probationary period for non-tenured teachers from two consecutive years (four semesters) to one year (two semesters). http://www.capitol.hawaii.gov/session2008/Bills/SB2449_CD1_.htm Title: S.B. 2449 Source: www.capitol.hawaii.gov NH Signed into law 06/2008 P-12 Changes the procedures for nonrenewal of a teacher contract; authorizes an aggrieved teacher to petition the State Board of Education for a review or to request arbitration under the terms of a collective bargaining agreement; decreases the time period within which the board must issue its decision with regard to a petition. http://www.gencourt.state.nh.us/legislation/2008/HB1330.html Title: H.B. 1330 Source: http://www.gencourt.state.nh.us TN Signed into law 02/2008 P-12 Present law allows a local board of education to dismiss any teacher if it becomes necessary to reduce the number of teaching positions due to a decrease in enrollment or for other good reasons. A tenured teacher who has been dismissed under such circumstances must be placed on a preferred list for reemployment in the first vacancy the teacher is qualified by training and experience to fill. The board has the power to determine the fitness of such teacher for reemployment in such vacancy on the basis of the board's evaluation of such teacher. This bill transfers the authority for determining the fitness of such a teacher for reemployment from the board to the local director of schools who will make that determination based on the director's evaluation of the teacher. Requires that the director of schools act in accordance with board of education policy and any locally negotiated agreement when determining the fitness of a teacher for reemployment. Summary - http://www.legislature.state.tn.us/bills/currentga/asp/WebBillInfo/Summary.aspx?BillNumber=SB2629 Title: S.B. 2629 Source: http://www.legislature.state.tn.us IL Signed into law 08/2007 P-12 pp 29-30: Authorizes the Chicago school board and the exclusive representative of the district's teachers to establish alternative procedures for teacher evaluation, remediation and removal for cause after remediation, including an alternative system for peer evaluation and recommendations. Provides that teachers assigned to schools identified in that agreement must undergo an alternative performance evaluation plan and remediation procedures and alternative removal for cause standards and procedures. Provides the the hearing officer must be governed by the alternative performance evaluation plan, remediation procedures, and removal standards and procedures set forth in the agreement in making findings of fact and a recommendation. Directs the board and the exclusive representative of the district's teachers to submit a certified copy of this agreement to the state board of education. http://www.ilga.gov/legislation/95/SB/PDF/09500SB1474lv.pdf Title: S.B. 1474 Source: http://www.ilga.gov/ OR Signed into law 07/2007 P-12 Changes the date by which a school district must give notice of contract renewal to a probationary teacher (from April 1 to March 15). http://www.leg.state.or.us/07reg/measpdf/hb2600.dir/hb2675.en.pdf Title: H.B. 2675 Source: http://www.leg.state.or.us TN Signed into law 06/2007 P-12 Specifies procedures related to teacher dismissal hearings. Specifies that the hearing the teacher may demand will be before an "impartial hearing officer" selected by the school board rather than an "administrative judge." Also gives the teacher the right to be represented by counsel at the hearing, the opportunity to call and subpoena witnesses, the opportunity to examine all witnesses, and the right to require that all testimony be under oath. This amendment requires the hearing officer to provide written factual findings and decisions within 10 days. If the teacher wishes to appeal the decision, he or she must first appeal the decision to the school board within 10 working days. The director of schools must prepare a copy of the proceedings, transcript, and documentary and other evidence and transmit these materials to the board within 20 working days. As in the bill, the board would hear an appeal on the record, with no new evidence introduced. Does not provide for the introduction of evidence that was not available at the time of the original hearing, but the amendment does allow the employee to appear in person or by counsel to argue why the decision should be modified. In addition, this amendment allows the board to send the record back if additional evidence is necessary. Allows any party dissatisfied with the board's decision to appeal to the chancery court in the county where the school system is located, within 20 working days. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0491.pdf Title: H.B. 1302/S.B. 2342 Source: http://www.legislature.state.tn.us WV Proposed Rule COMMENT DEADLINE: 06/01/2007 08/20/2007 Rule Adoption 05/2007 Postsec. Community College Amends rules regarding academic freedom and responsibility, appointment, promotion, tenure, non- reappointment or dismissal of faculty, and grievance procedures for matters pertaining to faculty. WEST VIRGINIA 5002 Title: Title 133, Series 9 Source: Lexis-Nexis/StateNet IN Signed into law 04/2007 P-12 Allows a nonpermanent teacher ten days to request a conference with the governing body after receiving a notice of nonrenewal of the teacher's contract; provides that the governing body may not take action concerning the nonrenewal of the teacher's contract until after the ten day period has ended. http://www.in.gov/legislative/bills/2007/PDF/HE/HE1489.1.pdf Title: H.B. 1489 Source: Lexis-Nexis/StateNet NY Signed into law 04/2007 P-12 Directs the regents to promulgate rules establishing minimum standards and procedures for tenure determinations for teachers in all districts boards of cooperative educational services made on or after July 1, 2008. Provides such rules must require a superintendent of schools, prior to recommending tenure, to evaluate all relevant factors, including the candidate's effectiveness over the probationary period, or over three years in the case of a regular substitute with a one-year probationary period, in contributing to his/her students' academic performance. Provides the process for evaluation of a candidate for tenure be conducted in the manner prescribed in the regents' rules and include a combination of: (1) Evaluation of the extent to which the teacher successfully used analysis of available student performance data and other relevant information when providing instruction (2) Peer review by other teachers, as far as practicable (3) An assessment of the teacher's performance by the principal or other building administrator in charge of the school or program. Requires the trustees and board of education of every district and every board of cooperative educational services, and the New York City chancellor, consistent with existing contractual provisions, to make any changes in local policies and procedures necessary to ensure that tenure determinations made on or after July 1, 2008, are made in compliance with these provisions. http://assembly.state.ny.us/leg/?bn=S02107&sh=t Title: S.B. 2107 - Part A, Section 9 Source: assembly.state.ny.us UT Signed into law 03/2007 P-12 Modifies procedures for the termination or discontinuation of a school district career employee's contract. http://le.utah.gov/~2007/bills/hbillenr/hb0360.htm Title: H.B. 360 Source: http://www.le.state.ut.us/ CO Signed into law 05/2006 P-12 Concerns requirements for educators; clarifies grounds on which the department of education may deny, annul, suspend, or revoke an educator's license; clarifies language relating to an educator terminating his or her employment contract and authorizes the department to suspend an educator's license if he or she does not give the required notice prior to terminating his or her employment contract. http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/4BCC55B87DD7BD9187257102005E1738?Open&file=176_enr.pdf Title: S.B. 176 Source: Colorado Legislature TN Signed into law 04/2006 P-12 Requires tenured teacher who resigns and subsequently returns to the school system to serve one-year probationary period before tenure can be regained unless such probationary period is waived by the local board of education upon request of the director of schools. http://www.legislature.state.tn.us/bills/currentga/BILL/SB2781.pdf Title: S.B. 2781 Source: Tennessee Legislature TN Signed into law 04/2006 P-12 Concerns education; prohibits discrimination based on age against teachers in employment decisions. Removes provision for teacher's tenure to end following teacher's 65th birthday. - Amends TCA Section 49-5-507. http://www.legislature.state.tn.us/bills/currentga/BILL/HB2863.pdf Title: H.B. 2863 Source: Tennessee Legislature TN Adopted 03/2006 P-12 Outlines reasons for suspension, denial and revocation of license.Provides process for restoration a of license. TENNESSEE 9886 http://www.state.tn.us/sos/rules/0520/0520-02/0520-02-04.pdf Title: TAC 0520-2-4-.01 Source: Tennessee Board of Education UT Signed into law 03/2006 P-12 One portion of this bill addresses career employee dismissal or nonrenewal. Defines "Willful or intentional misconduct" as conduct that jeopardizes the health or safety of students or conduct that significantly impairs the employee's ability to safely or professionally fulfill the employee's responsibilities or assignments. Requires the district to provide employees with a written statement of employee misconduct and incompetence under which a career employee's contract may not be renewed or continued beyond the then-current school year, and under which a contract can be otherwise terminated during the contract term, and the orderly dismissal procedures which are used by the district in cases of contract termination, discontinuance, or nonrenewal. The statement must include unsatisfactory performance and willful or intentional misconduct for which specific employment actions may be taken. Defines "Administrative disciplinary action" as any written statement provided to the school employee, signed by a school or district administrator, and retained in the employee's personnel file evidencing the employee's willful or intentional misconduct. If the district intends to terminate a contract during its term or discontinue a career employee's contract beyond the then-current school year for willful or intentional misconduct, the willful or intentional misconduct shall be documented in at least one administrative disciplinary action taken at any time within the preceding two years in accordance with district policies or practices. Requires the district to notify a career employee, at least 30 days before the anticipated termination date, if the employee has not remedied or cannot remedy, based on the district's determination, the misconduct. The district may provide the career employee assistance to remedy the misconduct, including informal conferences and the services of school personnel within the district. The career employee shall have the opportunity to appeal the termination within 30 days of the termination date consistent with local board policies and practice. http://www.le.state.ut.us/~2006/bills/hbillenr/hb0181.pdf Title: H.B. 181 Source: http://www.le.state.ut.us CA Rejected by voters 11/2005 P-12 Increases length of time required before a teacher may become a permanent employee to five complete consecutive school years. Authorizes school boards to dismiss a permanent teaching employee who receives two consecutive unsatisfactory performance evaluations. http://www.voterguide.ss.ca.gov/prop74/title_summary.shtml Title: Ballot Measure 4 (Proposition 74) Source: Lexis-Nexis/StateNet MI Signed into law 09/2005 P-12 Relates to the continuing tenure of office of certificated teachers in public educational institutions; provides for probationary periods; regulates discharges or demotions; provides for resignations and leaves of absence; creates a state tenure commission and prescribes the powers and duties thereof; and prescribes penalties for violation of the provisions of this act. http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0124.pdf Title: S.B. 609 Source: StateNet MO SIGNED BY GOVERNOR 07/2005 P-12 Currently, both metropolitan school district teachers and principals are included in the section of the Metropolitan school district's teacher tenure statute which outlines procedures regarding reductions in force. This act removes school principals from the section. Title: S.B. 299 Source: StateNet NH Signed into law 06/2005 P-12 Adds a definition for incompetence. The school board may dismiss any teacher found by them to be immoral or who has not satisfactorily maintained the competency standards established by the school district, or one who does not conform to regulations prescribed; provided, that no teacher shall be so dismissed before the expiration of the period for which said teacher was engaged without having previously been notified of the cause of such dismissal, nor without having previously been granted a full and fair hearing. http://www.gencourt.state.nh.us/legislation/2005/HB0132.html Title: H.B. 132 Source: StateNet MI (H) PLACED ON SECOND READING 06/2005 P-12 Except as otherwise provided in section 1a of this article, discharge or demotion of a teacher on continuing tenure may be made only for reasonable and just cause and only as provided in this act. http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2005-PA-0136.pdf Title: H.B. 4991 Source: StateNet MO Signed into law 05/2005 P-12 REPORT CARDS Currently, school districts are required to produce an annual accountability report card for each school building, distribute copies to the households with students, and make copies available to other members of the public upon request. This bill transfers the responsibility for producing the report card to the Department of Elementary and Secondary Education, specifying that there will be report cards for each district, each public school building in a district, and each charter school. The report card will be designed to satisfy federal and state statistical disclosure requirements about academic achievement, finances, staff, and other indicators. Districts must provide the report card information by December 1, or as soon as it is ready, and give preference to distribution methods that will include the information with other important information, such as student report cards. TEACHERS AND PRINCIPALS Currently, the definition of "teacher" for the purposes of tenure includes certified teachers who teach at the pre-kindergarten level. The bill clarifies that these teachers must be teaching in pre-kindergarten programs for which no fees are charged. The superintendent's supervision of the City of St. Louis district schools is subject to policies established by the school board, rather than subject to the control of the board, and the permissible length of the superintendent's contract is raised. Currently, the hiring of a treasurer, a commissioner of school buildings, and a director of personnel is required. The bill makes the hiring of these positions permissive. The requirement that the district's teaching appointments and promotions be based on merit is extended to all employee appointments and promotions. The remaining references to principals are removed from the City of St. Louis tenure statute. SCHOOL DISTRICTS Currently, when a school district participates in the Career Ladder Program, it must match state funds on a sliding scale based on the assessed valuation per eligible pupil. The bill permits any district that opted out of the program between July 1, 2001, and July 1, 2005, to rejoin by July 1, 2006, at the same matching level it qualified for when it last participated in the program. Title: H.B. 297 Source: StateNet MO Signed into law 05/2005 P-12 The current definition of "teacher" in the teacher tenure act includes certified teachers who teach at the pre-kindergarten level. This act modifies the aforementioned definition by requiring that such prekindergarten teachers, in order to fit the definition of teacher, must teach in a prekindergarten program in which no fees are charged to parents and guardians Title: S.B. 266 Source: StateNet DE SIGNED 04/2005 P-12 Requires that formal communications between a teacher and a school board relating to the termination of the teacher's services be sent via certified mail, with a return receipt requested. The existing code requires that such communications be sent via registered mail. Registered mail is significantly more expensive but provides no substantial advantage over certified mail with a return receipt requested. http://www.legis.state.de.us/LIS/LIS143.NSF/vwLegislation/HB+22?Opendocument Title: H.B. 22 Source: www.legis.state.de.us AR Signed into law 04/2005 P-12 Requires school districts to have a reduction in force policy in each school district based upon objective criteria for a layoff and recall of employees. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1042.pdf Title: S.B. 1042 Source: www.arkleg.state.ar.us ND Signed into law 03/2005 P-12 Requirements for providing notice of contract renewal or nonrenewal do not apply to teachers and administrators hired after January first. http://www.state.nd.us/lr/assembly/59-2005/bill-text/FBFF0200.pdf Title: H.B. 1358 Source: http://www.state.nd.us SD Signed into law 03/2005 P-12 Adds several new sections related to terminating or nonrenewing a teacher's contract -- most regarding notice. Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, a school board may or may not renew the teacher's contract. The superintendent or chief executive officer shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal. For those in or beyond the fourth term of teaching, on or before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract. http://legis.state.sd.us/sessions/2005/bills/HB1169enr.pdf Title: H.B. 1169 Source: http://legis.state.sd.us SC Signed into law 08/2004 P-12 Relates to teacher assessments and teacher certification; changes references from student teachers to teacher candidates; removes provisional contracts from the types of contracts under which teachers may be employed; provides that continuing contract teachers must be evaluated on a continuous basis; provides when a teacher may receive diagnostic assistance. During the first annual contract year, at the discretion of the school district in which the teacher is employed, the annual contract teacher either must complete the formal evaluation process or be provided diagnostic assistance. During subsequent annual contract years, teachers must be evaluated or assisted in accordance with State Board of Education regulations. Teachers are eligible to receive diagnostic assistance during only one annual contract year. An annual contract teacher who has completed successfully the evaluation process and met the criteria set by the local board of trustees, but who has not yet satisfied all requirements established by the State Board of Education for the professional teaching certificate, is eligible for employment under a subsequent annual contract, with evaluation being either formal or informal, at the discretion of the local school district. At the discretion of the school district in which the teacher is employed, the district may employ the teacher under an annual contract or terminate the teacher's employment. If employment is terminated, the teacher may seek employment in another school district at the annual contract level. An annual contract teacher who has not completed successfully the formal evaluation process or the professional growth plan for the second time must not be employed as a classroom teacher in a public school in this State for a minimum of two years. Before reentry as an annual contract teacher, he must complete a state-approved remediation plan in areas of identified deficiencies. Upon completion of this requirement, the teacher is eligible for employment under an annual contract for one additional year to continue toward the next contract level. The provisions of this subsection granting an opportunity for reentry into the profession are available to a teacher only once. This subsection does not preclude the teacher's employment under an emergency certificate in extraordinary circumstances if the employment is approved by the State Board of Education. http://www.scstatehouse.net/sess115_2003-2004/bills/1133.htm or http://www.scstatehouse.net/sess115_2003-2004/prever/1133_20040519.doc Title: S.B. 1133 Source: http://www.scstatehouse.net AL Signed into law 05/2004 P-12 Relating to the Teacher Tenure Law: transfers, suspensions, and contract cancellations, hearing procedures, different procedures for major and minor (seven days or less) suspensions, use of hearing officers including arbitrators from Federal Mediation and Conciliation Service, appeals to Court of Civil Appeals in certain cases, State Tenure Commission abolished, contingent on constitution amendment. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp Title: H.B. 42 Source: Alabama Legislative Web site AL Signed into law 05/2004 P-12 Relates to public school employees, Fair Dismissal Act, transfers, terminations, suspensions, procedure before local board of education, appeals procedure to hearing officer including arbitrator from Federal Mediation and Conciliation Service, different procedures for minor suspensions (less than seven days), appeals to Court of Civil Appeals. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp? Title: H.B. 43 Source: Alabama Legislative Web site OK Emergency Rule Adoption 11/2003 P-12 Establishes emergency rules regarding due process hearings, hearing procedure, and probationary teachers. OKLAHOMA REG 12998 (SN) Title: OAC 210:1-5-8 Source: StateNet MI Signed into law 08/2003 P-12 Sec. 801. The department shall furnish a report to the legislature on teacher tenure by December 31, 2003. The report shall include at least all of the following: (a) A history of teacher tenure in this state. (b) A statement of the purpose of teacher tenure and an assessment of the current need for teacher tenure. (c) A history of administrative law cases related to teacher tenure. (d) The number of teacher tenure cases heard by administrative law judges for the most recent year for which data is available. (e) An estimate of the cost incurred by the department related to teacher tenure. http://www.michiganlegislature.org/documents/2003-2004/publicact/pdf/2003-PA-0145.pdf Title: H.B. 4391 (multiple provisions) Source: www.michiganlegislature.org NC Signed into law 07/2003 P-12 Shortens the probationary period for career teachers when they change school systems or return to teaching after leaving the profession. Title: H.B. 38 Source: StateNet NH Signed into law 06/2003 P-12 Relates to the process for nonrenewal of teacher contracts. Adds provisions that a request for review under this section constitutes the exclusive remedy available to a teacher on the issue of the nonrenewal of such teacher and that the state board of education shall uphold a decision of a local school board to nonrenew a teacher's contract unless the local school board's decision is clearly erroneous. http://gencourt.state.nh.us/legislation/2003/SB0076.html Title: S.B. 76 Source: http://gencourt.state.nh.us TX Signed into law 06/2003 P-12 If the district has an Internet website, the district is required to place the board's employment policies on that website. At each school in the district, the board is required to make a copy of the board's employment policies available for inspection at a reasonable time on request. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00912&VERSION=5&TYPE=B Title: H.B. 912 Source: http://www.capitol.state.tx.us/ TX Signed into law 06/2003 P-12 Under current law, a person who is employed as a teacher by a school district for the first time, or who has not been employed by the district for two consecutive school years subsequent to August 28, 1967, is required to be employed under a probationary contract. Teacher contract laws do not allow a school district to hire a former teacher who has had a lapse in service from that school district on a probationary contract, f the teacher had attained term or continuing contract status in that district before the lapse in service. H.B. 558 authorizes a person who previously was employed as a teacher by a district and, after at least a two-year lapse in district employment returns to district employment, to be employed under a probationary contract (Senate Research Center analysis). http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=00558&VERSION=3&TYPE=A Title: H.B. 558 Source: http://www.capitol.state.tx.us AL Signed into law 06/2003 P-12 Relates to the Teacher Tenure Act; streamlines the contest and appeals processes for teachers; clarifies the procedures to be followed when a teacher is suspended; provides that teachers would have contract cancellation, transfer, and suspension contests heard by a hearing officer from the Federal Mediation and conciliation Service; provides for the hearing officer's decision in cancellations and suspensions. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp?SESSION=1027 Title: S.B. 2 Source: Alabama Legislative Web site LA Signed into law 06/2003 P-12 Adds a charge of immorality as a cause for dismissal of a teacher, bus driver, or permanent employee; defines immorality as conviction of a felony offense against the public morals. http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB778&doctype=BT Title: H.B. 778 Source: www.legis.state.la.us OK Signed into law 06/2003 P-12 Defines career teacher pretermination hearing as the informal proceeding before the local board of education held for the purpose of providing a meaningful opportunity to invoke the discretion of the decision maker after a recommendation for dismissal or nonreemployment of a career teacher has been made but before any final action is taken on the recommendation in order to ensure that the career teacher is afforded the essential pretermination due process requirements of notice and an opportunity to respond. The superintendent or desingee is required to specify the statutory ground upon which the recommendation is based and the superintendent or designee must also specify the underlying facts and provide an explanation of the evidence supporting the recommendation for the dismissal or nonreemployment of the career teacher. The career teacher or designee must be given a "meaningful" opportunity to present reasons, either in person or in writing, why the proposed action should not be taken. A probationary teacher hearing must be conducted by the local board in an open meeting. http://www2.lsb.state.ok.us/2003-04HB/hb1767_enr.rtf Title: H.B. 1767 (Omnibus Bill) Source: http://www2.lsb.state.ok.us GA Signed into law 06/2003 P-12 Provides for an annual increase in state pay for certain teachers; individuals who first became teachers on or after July 1, 2000, acquire rights to continued employment; provides procedures for hearings for such persons; provides for selection of a tribunal, transcripts, legal questions, burden of proof, decisions of the local board, and appeals. http://www.legis.state.ga.us/legis/2003_04/sum/sb193.htm Title: S.B. 193 Source: Georgia Legislative Web site GA Signed into law 05/2003 P-12 Relates to annual contracts for teachers; provides that teacher and other professional employee contracts shall be complete in all terms and conditions, including the amount of compensation for the ensuing school year, when presented to the teacher or professional employee of the school system. http://www.legis.state.ga.us/legis/2003_04/fulltext/sb223.htm Title: S.B. 223 Source: Georgia Legislative Web site TX Signed into law 05/2003 P-12 Previously, the Texas Education Agency (TEA) appointed an examiner on a rotating basis when it is notified of a contract dispute. If both the district and the employee involved in the dispute agree to disallow the original examiner, they can both appoint another that is agreeable to both parties. S.B. 893 authorizes the parties to select a hearing examiner and requires the parties to inform the commissioner of education of the choice. This bill also increases the time frame in which the examiner has to complete the findings of fact and authorizes certain entities to amend or reject the examiners finding of fact. (Committee Report) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00893&VERSION=5&TYPE=B Title: S.B. 893 Source: http://www.capitol.state.tx.us TX Signed into law 05/2003 P-12 Currently, school districts seeking an alternative to discharging a teacher employed under a continuing contract, or terminating or nonrenewing a teacher employed under a term contract, have limited options. School districts may return the teacher to probationary contract status, but only with the teacher's consent, and only when such consent is given after the school district has provided prior written notice to the teacher of its intent to otherwise discharge, terminate, or nonrenew. H.B. 1113 creates a new option for school districts and teachers when faced with returning a teacher to probationary status by agreement. (Bill analysis, Senate Research Center) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01113&VERSION=5&TYPE=B Title: H.B. 1113 Source: http://www.capitol.state.tx.us LA Signed into law 05/2003 P-12 States that existing provision barring teachers promoted to a higher position in a special school after from gaining tenure in such positions until teacher has spent three years in the new position applies only to teachers whose promotion occured before July 1, 2003. New language states that whenever teacher who has gained tenure in a special school is promoted to position of higher salary or status, this teacher does not gain permanent status in the position but rather retains permanent status as a teacher. Specifies that where a teacher has not completed the required probationary period and is promoted to a position of higher status or salary, the probationary period continues, and at the end of the three-year probationary period, the teacher must automatically acquire permanent status in the formerly held position of teacher. Specifies that a person hired for a position of higher salary or status than that of a teacher in the system and the employment in the position of higher salary requires a teaching certificate or administrative endorsement or both, will automatically gain permanent status in the position of teacher after completing three years' service in the position he or she was hired for, or in such position and one or more other such positions provided the person is qualified to teach. Requires any person promoted to a higher position to have a standard Louisiana teaching certificate and appropriate administrative endorsement when a teaching certificate is a requirement for the position to which the person is being promoted. Bars anyone holding a provisional teaching certificate from being promoted to a higher position, except when a person meeting the requirements is not available for employment in the special school. Special schools defined: http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=17&section=43 http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB567&doctype=BT Title: H.B. 567 Source: www.legis.state.la.us IN Signed into law 05/2003 P-12 Allows flexibility in the time when a school corporation must hold a conference on the nonrenewal of the contract of a nonpermanent teacher so that both the open door law and the nonpermanent teacher's contract rights law are not violated. http://www.in.gov/serv/lsa_billinfo?year=2003&request=getBill&docno=1734 Title: H.B. 1734 Source: Indiana Legislative web site IA Signed into law 05/2003 P-12 Requires any local board, superintendent or head of any nonpublic school to report to the state educational examiners board every instance of revocation or nonrenewal of a school employee's contract due to alleged or actual misconduct, as well as the resignation of the individual holding the license or authorization from the educational examiners board, when the incident or allegation concerns a crime that requires the licensing board to automatically revoke or deny certification, if the local board or reporting official has good cause to believe the incident took place or the allegation is true. Specifies that such information reported to the educational examiners board is confidential and, notwithstanding special circumstances, is not subject to discovery, subpoena or other forms of legal compulsion for release to any individual other than the respondent and the examiners board and its employees involved in licensee discipline, and is not admissible in evidence in judicial or administrative proceedings beyond the proceeding concerning licensee discipline. Requires the educational examiners board to review the information to determine whether a complaint should be initiated, taking into account the crimes for which a license must be denied or revoked according to state statute. See Section 16: http://www.legis.state.ia.us/cgi-bin/Legislation/File_only.pl?FILE=/usr/ns-home/docs/GA/80GA/Legislation/HF/00500/HF00549/030508.html Title: H.B. 549 (omnibus bill) Source: www.legis.state.ia.us AZ Signed by Governor 04/2003 P-12 Provides that the governing board of a school district shall develop a definition of inadequacy of classroom performance relating to the board's intention not to reemploy teachers. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=SB1330 Title: S.B. 1330 Source: State legislative web site KS Signed into law 04/2003 P-12 Amends language relating to hearings provided upon notice of nonrenewal or termination of contracts of employment. http://www.kslegislature.org/bills/2004/119.pdf Title: S.B. 119 Source: www.kslegislature.org AR Signed into law 03/2003 P-12 Allows a teacher to have a witness or representative of the teacher's choice present during any disciplinary or grievance matter upon request of the teacher. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2514.pdf Title: H.B. 2514 Source: State legislative web site UT Signed into law 03/2003 P-12 Section 53A-3-411 prohibits local boards from entering into a collective bargaining agreement that prohibits or limits individual contracts of employment. (Contract terms were already limited to no more than five years.) Defines alternative certification to include competency-based licensure. Section 53A-6-104.5 defines competency-based licensing. Local boards or charter schools may request a competency-based license for a person who meets the following qualifications: elementary staff must hold at least a bachelor's degree and have demonstrated, by passing a rigorous state test, subject knowledge and teaching skills in core areas of the elementary curriuclum; middle or secondary candidates must hold at least a bachelor's degree and have demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by passing a rigorous state academic subject test in each area taught and completed an academic major, graduate degree, course work equivalent to an undergraduate academic major, or advance certification in subjects taught. A license candidate who teaches subjects other than a core academic subject at any level must hold a bachelor's degree, associate's degree or skill certification; and have skills, talents, or abilities, as evaluated by the employing entity, that make the person suited for the teaching position. Section 53A-8-106 says that employees holding competency-based licenses are at-will employees and are not eligible for career employee status (unless they hold a level 1, 2 or 3 license.) http://www.le.state.ut.us/~2003/bills/sbillenr/sb0154.pdf Title: S.B. 154 (Omnibus Bill) Source: http://www.le.state.ut.us SC Signed into law 03/2003 P-12 (Joint Resolution) Provides that the school districts of this state may furlough district personnel to the extent necessary to avoid a year end deficit and a reduction in force; provides the terms and conditions of a furlough pursuant to this provision. Title: S.B. 375 Source: StateNet NC Signed into law 08/2002 P-12 Clarifies the status of teachers participating in foreign exchange programs for purposes of retirement and tenure; includes any nonimmigrant alien employed in elementary or secondary public schools and participating in an exchange visitor program. Title: H.B. 1724 Source: Lexis-Nexis/StateNet IL Signed into law 08/2002 P-12 Amends the Illinois Educational Labor Relations Act; provides that the employee must not have a reasonable expectation (instead a reasonable assurance) that he or she will be rehired, in the provision defining "short-term employee". Title: H.B. 1720 Source: Lexis-Nexis/StateNet HI Signed into law 05/2002 P-12 States that teachers at charter schools are to receive probationary and tenure status and seniority provided that they fill the requirements for regular school teachers.; changes per-pupil funding allocation for charter schools. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2512_.htm Title: S.B. 2512 Source: www.capitol.hawaii.gov TN Signed into law 03/2002 P-12 Specifies that the right to remain on the preferred list for employment would be in effect until: (1) The teacher refuses a bona fide offer of reemployment for a comparable position within the LEA; or (2) The director, after the teacher has been on the preferred list for reemployment for two consecutive years, notifies the teacher in writing by April 1 of the second consecutive year that the teacher's name will be removed from the list. The teacher could stay on the list by notifying the director by April 15 of each subsequent year of such teacher's desire to stay on the list. Under present law, a tenured teacher who has been dismissed because of abolition of position is placed on a preferred list for reemployment indefinitely. http://www.legislature.state.tn.us/bills/currentga/Summary.asp?BillNumber=SB2275 Title: S.B. 2275 Source: http://www.legislature.state.tn.us NC Signed into law 06/2001 P-12 Session Law Number 260., Clarifies the right to appeal to a local board of education and to require notice of the dismissal, demotion or suspension without pay of noncertified employees. Title: S.B. 532 Source: http://www.ncga.state.nc.us OR Signed into law 06/2001 P-12 Eliminates hearings officer level from procedure for appeals by teachers and administrators to Fair Dismissal Appeals Board; directs Fair Dismissal Appeals Board panel to hold hearing on appeal. Title: S.B. 257 Source: Lexis-Nexis/StateNet TN Signed into law 05/2001 P-12 Requires immediate suspension and dismissal of teachers convicted of certain drug offenses. Amends TCA Title 49, Chapter 5, Part 5. Title: H.B. 1040 Source: Lexis-Nexis/StateNet AR Signed into law 04/2001 P-12 Prohibits school districts from terminating, suspending, or not renewing the contracts of nonprobationary status teachers without just cause. Title: H.B. 2393 Source: Lexis-Nexis/StateNet MS Signed into law 03/2001 P-12 Education Employment Procedures Law of 2001. It is the intent of the legislature to provide for accountability in the teaching profession and to provide for the nonrenewal of licensed education employees in a timely, cost-efficient and fair manner, to provide the employee with an opportunity for a hearing, and to require nonrenewal decisions to be based upon valid educational reasons or noncompliance with school district personnel policies. Clarifies that the protection under the Act applies only to licensed education personnel. In addition, it establishes a new probationary period where the notice and hearing requirements are not applicable for the first two years of Mississippi school employment, and at least one year in the current district. The language provides "grandfather" protection for existing employees meeting these conditions. February 1 is the date for a school board to give initial notice of its preliminary non-reemployment decision to the superintendent. The superintendent, without prior approval of the school board, shall give notice to any principals being nonrenewed no later than March 1 and for other educators no later than April 15. New procedures are established for an employee receiving notice of nonrenewal. A board designee can set the date and time of the hearing without requiring the board to have a special meeting just for that purpose. Title: H.B. 527 Source: Lexis-Nexis/StateNet VA Signed into law 02/2001 P-12 Directs any school board in a county having the urban county executive form of government to notify by May 15 those teachers who may be subject to a reduction in force due to a decrease in the school board's budget. Title: H.B. 1983 Source: Lexis-Nexis/StateNet OR Unofficially rejected by voters 11/2000 P-12 (Initiative No. 29 Measure 95) Amends the Oregon Constitution regarding performance pay for teachers; provides that student learning determines teacher pay; establishes that the teachers' qualifications, not seniority, determine retention. Title: V. 19; (NEW BILL) Source: Lexis-Nexis/StateNet CA Signed into law 07/2000 Postsec. Community College Chapter No. 124; Under existing law, if a case concerning the granting of tenure of community college faculty proceeds to arbitration with representation by the exclusive representative, the resulting decision is not to be considered a precedent for purposes of interpreting tenure procedures and policies, or the collective bargaining agreement. This bill specifies that the resulting decision is not to be considered precedent even if there is no representation by an exclusive representative. Title: A.B. 1337 Source: Lexis-Nexis/StateNet AL Signed into law 05/2000 P-12 Provides for the Teacher Accountability Act; provides for performance-based contracts for principals; provides for alternative principal certification procedures; provides hearing procedures to challenge employment action taken against a principal; establishes linkage with the Teachers' National Average Salary Bill; relates to the Teacher Tenure Law; provides for the appeal of transfers of teachers; adds failure to perform duties to grounds for termination., Title: H.B. 285 Source: Lexis-Nexis/StateNet ID Signed into law 04/2000 P-12 Revises the time limits for a school board of trustees to give notice to the certificated employees on renewable contract status from May 25 to May 15; revises the response to the board by the employee on acceptance of a renewable contract for the next ensuing school year from June 15 to June 1, unless an earlier time has been set by the board. Title: S.B. 1449 Source: Lexis-Nexis/StateNet ID Signed into law 03/2000 P-12 Requires school districts to develop support programs for use by teachers on annual contract with the district; requires district support programs to be approved by the State Department of Education; provides three categories of annual contracts; provides districts with additional hiring options for teachers who have attained renewable contract status in other districts. Title: S.B. 1372 Source: Lexis-Nexis/StateNet VA Signed into law 03/2000 P-12 Amends the teacher grievance procedure to require that members of the three-person fact-finding panel have no prior involvement with the matter grieved; requires panel members to refrain from obtaining any information or evidence about the grievance other than that which is presented at the hearing before the fact-finding panel. Title: H.B. 650 Source: Lexis-Nexis/StateNet GA Signed into law 03/2000 P-12 Enacts the A Plus Education Reform Act of 2000. A portion of this act abolishes tenure: All contracts must be in writing. Any teacher or other certificated professional employee may be notified that his/her contract will not be renewed. The notice must be given by April 15 of the current school year. No reason must be given, but the employee can ask for one, and it must be provided. There is no right to a hearing. Teachers currently teaching in Georgia are not affected. Teachers hired on or after July 1, 2000, "shall not acquire any rights . . . to continued employment with respect to any position as a teacher." Title: H.B. 1187 Source: Lexis-Nexis/StateNet TN Signed into law 03/2000 P-12 Specifies the teacher employed as probationary teacher for 1 year and as an apprentice teacher for 2 years will be considered as having met the 3 apprentice years requirement. Title: S.B. 2182 Source: Lexis-Nexis/StateNet