|
S.F. No. 0052 |
Teacher tenure. |
Sponsored
By: Senator(s) Coe,
AN ACT relating to education; removing continuing
contract status from the Wyoming teacher employment law; modifying and
repealing provisions accordingly; and providing for an effective date.
1/3/2011 Bill
Number Assigned
1/11/2011 S Received for Introduction
1/11/2011 S Introduced and Referred to S04
1/26/2011 S04 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s)
Coe,
Nays: Senator(s)
Barnard and Rothfuss
Ayes 3 Nays 2 Excused
0 Absent 0 Conflicts 0
1/26/2011 S
Placed on General File
SF0052SS001/ADOPTED
That
Substitute No. 1 for SF0052
SF0052SW001/ADOPTED
Page 6-line 7 After "." insert "A nonprobationary teacher may be terminated for any reason
not specifically prohibited by law.".
Page 7-line 10 Strike "good or just cause" insert "reason not specifically prohibited by law". COE
SF0052SW002/FAILED
Page 1-line 6 After "intent" insert "and
findings; requiring the state board of education to link teacher performance
evaluation as measured by student achievement to district employment decisions".
Page 13-line
22 After "3." Insert "(a)".
Page 14-After
line 3 insert:
"(b) The
Wyoming legislature finds:
(i) That under current law, teachers
achieve continuing contract status after three (3) continuous years of
employment with a Wyoming school district, giving teachers tenure. A fundamental premise of tenure is to protect
competent teachers from arbitrary termination for reasons unrelated to teaching
performance;
(ii) In the absence of clear, coherent
criteria to measure job performance to terminate teachers determined to be
inadequately performing their duties, the tenure concept has effectively become
a guarantee of employment;
(iii) Wyoming school districts have
expressed frustration with the difficulty in removing nonperforming teachers
from the classroom, describing the process as complex, time consuming and
legally challenging;
(iv)
(v) Current law has been misapplied to
provide obstacles to removing nonperforming teachers and thereby serves to
protect jobs for nonperforming teachers at the expense of student
performance. This, in turn, creates
higher demands on performing teachers to remediate lagging student performance.
(c) Based upon these findings, the
(i) Is developed in consultation with
stakeholders;
(ii) Defines performance evaluation
criteria based upon research-based and considered best practice;
(iii) Includes evaluation instruments and
processes that support the ability to generate the required documentation to
make employment decisions;
(iv) Provides a description of evaluation
procedures including how data will be collected for evaluation purposes;
(v) Includes student performance growth
data relevant to the nature of the teacher's position, providing guidance for
improving teaching and learning;
(vi) Provides a description of each
district's evaluation cycle including frequency of teacher evaluations, cycles
of clinical supervision, action research and intensive assistance.". COE
SF0052SW004/ADOPTED
Page 1-line 13 Delete "21‑17‑104(a)"
insert "21‑7‑104(a)".
COE
2/3/2011 S
Passed CoW
SF0052S2001/ADOPTED
Page 3-line 10 Reinsert stricken "cancellation".
Page 3-line 11 Delete "termination".
Page 3-line 19 Strike "without".
Page 3-line 20 Strike "termination of" insert "with".
Page 4-line 6 Strike "with".
Page 4-line 7 Strike "the termination of" insert "without".
COE
2/4/2011 S
Laid Back Pursuant to SR 10-4(a)
SF0052S2002/ADOPTED
Delete the Coe
Committee of the Whole Amendment (SF0052SW001/A) entirely and further amend as
follows:
Page 4-line 2 Delete "for the ensuing" strike "school year"
and insert "after the expiration of a previous
contract".
Page 5-line 4 Delete "annual" insert "contract".
Page 5-line 9 Strike "an annual" insert "a".
Page 6-line 20 Delete "for the ensuing" insert "to a teacher,".
Page 6-line 21 Delete "year,".
Page 7-line 2 After "open." insert "A contract for a probationary teacher shall not exceed one
(1) year. A contract for a
nonprobationary teacher shall not exceed four (4) years.".
Page 7-line 8 Before "teacher" insert "nonprobationary".
Page 7-line 10 After "cause." insert "After the expiration of a contract under W.S. 21‑7‑109,
a nonprobationary teacher may be terminated for any reason not specifically
prohibited by law prior to the offer and acceptance of an additional contract
under that section.".
BEBOUT
2/7/2011 S
Passed 2nd
SF0052S3001/FAILED
Delete the
First Coe Committee of the Whole Amendment (SF0052SW001/A) and the Bebout
Second Reading Amendment (SF0052S2002/A) entirely and further amend as follows:
Page 1-line 1 Delete "removing" insert "modifying".
Page 1-line 2 Delete "from" insert "under".
Page 1-line 13 Delete "(x)" insert "new
paragraphs (x) and (xi)".
Page 1-line 14 After "21‑7‑110"
insert "," and delete balance of line.
Page 1-line 15 Delete.
Page 2-line 1 Delete "a new subsection (o) and";
delete "through 21‑7‑114" insert "and 21‑7‑113".
Page 4-line 15 Delete "." insert ";".
Page 4-After
line 15 Insert:
"(xi) "Nonprobationary teacher" means:
(A) A
teacher who has been employed by the same school district within the state for
three (3) consecutive years and has had his contract renewed for a fourth
consecutive year; or
(B) A
teacher who has been employed by one school district as provided in
subparagraph (A) of this paragraph and who without lapse of time has taught two
(2) consecutive school years in another district and has had his contract
renewed for a third consecutive school year by the other school district.".
Page 6-line 7 Strike
"any" insert "the current contract".
Page 6-line 12 Strike "W.S.".
Page 6-line 13 Delete
"21‑7‑110(m)"
insert "this section".
Page 7-line 10 After
"." insert "Additionally, a
nonprobationary teacher may be terminated for any reason not prohibited by law
as provided in subsection (h) of this section."
Page 7-after
line 10 Insert:
"(b) Suspension
or dismissal proceedings of a probationary or
nonprobationary teacher shall be initiated by the superintendent or
any member of the board designated by the superintendent or designated by the
board pursuant to a majority vote of the board delivering to the teacher a
written notice of suspension or dismissal, together with written reasons.".
Page 7-lines
12 through 15 Strike all existing
language and delete all new language and insert:
"(c) The provisions of this subsection shall apply
to a nonprobationary teacher receiving notice of a recommendation of
termination under subsection (a) of this section, and to a nonprobationary or
probationary teacher against whom dismissal or suspension without pay
proceedings are instituted under section (b) of this section. This subsection shall not apply to nonprobationary
teachers receiving notice of termination pursuant to subsection (h) of this
section.".
Page 7-lines 16 Delete "section"
insert "The teacher".
Page 7-line 18 After "pay," insert "or
termination,".
Page 7-line 21 Reinsert stricken language.
Page 8-line 13 Reinsert stricken language.
Page 8-line 14
Reinsert stricken "21-7-106(a)
or".
Page 9-line 2 Reinsert stricken "termination,".
Page 9-line 13 Reinsert stricken "terminated,".
Page 9-line 22 Reinsert stricken "terminate,".
Page 9-line 24 Reinsert stricken "terminates,".
Page 10-after
line 8 Insert and renumber:
"(h) A nonprobationary teacher may be terminated
for any reason not prohibited by law under the following circumstances:
(i) Notice
of the termination is given in the fourth school year after the nonprobationary
teacher initially achieves nonprobationary status or in any fourth school year
anniversary thereafter;
(ii) Notice
of nonrenewal is provided prior to April 15 of the applicable fourth year and
prior to the school district offering and the teacher accepting an offer to
renew the teacher's contract for the ensuing year.
(j) In
the intervening years of the four (4) year anniversaries referenced in
subsection (h) of this section, a nonprobationary teacher shall be terminated
only for the reasons specified in subsection (a) of this section.".
Page 10-lines 10 and 11 Delete and insert:
"(k) Any nonprobationary teacher receiving notice
of termination under subsection (h) of this section".
Page 10-line
15 Delete "W.S. 21‑7‑105" insert "subsection (h) of this section".
Page 10-line 17 Delete "(j)"
insert "(m)".
Page 10-line 18 Delete "(h)"
insert "(k)".
Page 10-line 22 Delete "W.S.".
Page 10-line
23 Delete "21‑7‑105" insert "subsection (h) of this section.".
Page 11-line 1 Delete "(k)" insert "(n)";
delete "(h)" insert"(k)".
Page 11-line
10 Delete "W.S. 21‑7‑105" insert "subsection (h) of this section".
Page 11-line
12 Delete "(m)" insert "(o)".
Page 11-line
13 Delete "(h)" insert "(k)".
Page 12-line 1 Delete "(n)" insert "(p)".
Page 12-line 2 Delete "(m)" insert "(o)".
Page 12-line
11 Delete "(o)" insert "(q)".
Page 12-line
14 Delete "(p)" insert "(r)".
Page 13-lines
12 through 17 Delete.
Page 13-line
20 Delete the first "and"
insert ","; after "(b)" insert "and 21‑7‑114". BEBOUT
SF0052S3002/ADOPTED
Page 12-line
20 Delete "July 1, 2011" insert "July 2, 2012".
Page 13-line 8 Delete "July 1, 2011" insert "July 1, 2012".
Page 14-line 5 Delete "July 1, 2011" insert
"July 1, 2012". COE
2/8/2011 S
Failed 3rd
ROLL CALL
Ayes:
Senator(s)
Nays:
Senator(s) Barnard, Burns, Christensen, Cooper, Dockstader, Emerich,
Esquibel, F., Hastert, Hines, Johnson, Landen, Martin, Meier, Nicholas, P.,
Perkins, Ross, Rothfuss and Schiffer
Ayes 12 Nays
18 Excused 0 Absent 0 Conflicts
0