|
S.F. No. 0146 |
Teacher accountability act. |
Sponsored
By: Senator(s) Nicholas, P., Anderson, Coe, Meier
and Rothfuss and Representative(s) Buchanan, Harshman and Teeters
AN ACT relating to teacher contracts; establishing the
teacher accountability act; requiring school district teacher performance
evaluations to be based in part upon student achievement; directing the state
board of education to establish performance criteria based upon educational
accountability measures to be established by law; establishing performance as a
basis for contract determinations; modifying grounds for teacher suspension,
dismissal and termination;
1/25/2011 Bill
Number Assigned
1/26/2011 S
Received for Introduction
1/26/2011 S
Introduced and Referred to S04
1/31/2011 S04
Recommended Do Pass
ROLL CALL
Ayes: Senator(s)
Barnard, Coe,
Ayes 5 Nays 0 Excused
0 Absent 0 Conflicts 0
1/31/2011 S
Placed on General File
2/7/2011 S
Passed CoW
SF0146S2001/ADOPTED
Page 7-line 12 Delete "without" insert "even with". SCOTT
2/8/2011 S
Passed 2nd
SF0146S3001.01/ADOPTED (CORRECTED COPY)
Page 7-line 6 After "Immorality" insert "including, without limitation, engaging in conduct with a student which would be a
violation of W.S. 6‑2‑314 through 6‑2‑318, 12‑6‑101(a)
or 35‑7‑1036;".
MEIER
SF0146S3001.02/FAILED (CORRECTED COPY)
"(viii) Failure to
maintain valid
(ix) A reduction in the force of employees of the
district, applied without consideration of seniority;". MEIER
2/9/2011 S
Passed 3rd
ROLL CALL
Ayes:
Senator(s) Anderson, Barnard, Bebout, Burns, Case, Christensen, Coe,
Cooper, Dockstader, Driskill, Emerich, Geis, Hastert, Hicks, Hines, Jennings,
Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross,
Rothfuss, Schiffer, Scott and Von Flatern
Nays:
Senator(s) Esquibel, F.
Ayes 29 Nays
1 Excused
0 Absent 0 Conflicts 0
2/10/2011 H Received for Introduction
2/11/2011 H Introduced and Referred to H04
2/17/2011 H04 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Representative(s) Brechtel, Burkhart, Connolly, Freeman, Kroeker, Krone,
Loucks, Madden and Teeters
Ayes 9 Nays
0 Excused 0 Absent 0 Conflicts
0
2/17/2011 H
Placed on General File
SF0146HS001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 2 After "(xix)"
insert "and by creating a new subsection (b)".
Page 4-After line 13 insert:
"(b) On or before April 15 of each school year,
each school district superintendent shall provide a report to the board of
trustees identifying all teachers within the district whose performance,
through evaluations conducted under paragraphs (a)(xvii) through (xix) of this
section, has been determined inadequate or unsatisfactory for that school
year. The report shall include a summary
of mentoring and other professional development activities made available to
the identified teachers to improve instruction and student achievement. Not later than June 1 of each school year,
the board shall file a report with the department of education certifying
compliance with this subsection.". TEETERS, CHAIRMAN
SF0146HW001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 9 After ";" insert "requiring
an investigation of grounds for suspension and dismissal;".
Page
2-line 3 Delete ", (c) and"
insert "through".
Page 8-After line 2 insert:
"(b) If a board proposes the suspension or dismissal of a teacher
under subsection (a) of this section, the teacher shall be notified of the
proposed suspension or dismissal and shall be immediately suspended with pay,
pending the outcome of an investigation by the superintendent or his designee
into the alleged misconduct or other reason for suspension or dismissal. Following the investigation, the
superintendent shall recommend reinstatement or shall initiate, Suspension or dismissal proceedings shall be
initiated by the superintendent himself
or by any member of the board designated
by the superintendent or designated by the board pursuant to a majority vote of
the board, suspension or dismissal proceedings by
delivering to the teacher a written notice of suspension
or dismissal, together with written reasons the findings and outcome of the investigation conducted by
the superintendent or his designee and notice that proceedings under subsection
(c) of this section have been initiated. During the pendency of the proceedings, the
teacher shall remain on suspension with pay.
A teacher shall not be suspended without pay prior to the conclusion of
a hearing held pursuant to subsection (c) of this section.".
MCKIM, MCOMIE
2/18/2011 H
Passed CoW
SF0146H2001/FAILED (TO ENGROSSED COPY)
Page
1-line 12 Delete "providing intent".
Page 11-lines
10 through 22 Delete
entirely.
Page 12-lines
1 through 22 Delete
entirely.
Page 13-lines
1 through 10 Delete
entirely.
Page 13-line
12 Delete "5."
insert "4.".
Page 14-line 1 Delete
"6." insert "5.".
Page 14-line 7 Delete
", 4 and 5" insert "and 4".
GINGERY
SF0146H2002/ADOPTED (TO ENGROSSED COPY)
Delete the
Standing Committee Amendment (SF0146HS001/AE) entirely. Further amend the Engrossed Copy as follows:
Page 2-line 2 After "(xix)"
insert "and by creating a new subsection (b)".
Page 4-After line 13 insert:
"(b) On or before April 15 of each school year,
each school district superintendent shall provide a report to the board of
trustees identifying performance, through evaluations conducted under
paragraphs (a)(xvii) through (xix) of this section, for all teachers within the
district for that school year. The
report shall include a summary of mentoring and other professional development
activities made available to the identified teachers to improve instruction and
student achievement. Not later than June
1 of each school year, the board shall file a report with the department of
education certifying compliance with this subsection.". BROWN
SF0146H2003/FAILED (TO ENGROSSED COPY)
Page 7-line 6 After "(iii)" strike and delete balance of the
line. GINGERY
SF0146H2004/ADOPTED (TO ENGROSSED COPY)
Page
7-line 23 Delete "and".
Page 7-After
line 23 Insert:
"(viii) Commit or be
convicted of a felony; and".
Page 8-line 1 Delete "(viii)" insert "(ix)".
GINGERY
SF0146H2005/ADOPTED (TO ENGROSSED COPY)
Page 7-lines 2
through 4 Strike all existing
language and delete all new language.
Renumber as
necessary. GINGERY
SF0146H2006/ADOPTED (TO ENGROSSED COPY)
Page
2-line 3 Delete "and (d),"
insert ", (d) and (e)".
Page 9-After
line 16 Insert:
"(e) At
the hearing, the teacher has the right to appear in
person with or without counsel, to be heard, to present testimony or witnesses
and all evidence bearing upon proposed termination, dismissal or
suspension and to cross-examine witnesses.
the
superintendent shall have the burden of proving that the recommendation for
termination is based upon reasons provided in the notice of termination
submitted pursuant to W.S. 21‑7‑106(a) or that suspension or
dismissal is based upon reasons specified in the notice given under subsection
(b) of this section, as applicable.".
Page 10-line
12 Delete "(e) and". GINGERY
SF0146H2008/FAILED (TO ENGROSSED COPY)
Page 1-line 9 After ";" insert "providing
for informal review of proposed termination;".
Page 2-line 3 After "(c)"
delete balance of the line and insert ", (d) and by creating a new
subsection "(j)".
Page 6-line 16 After "W.S. 21‑7‑110"
insert "and may request an informal review as
provided under W.S. 21‑7‑110(j)".
Page 8-line 12 Before "The" insert "Except as provided under subsection (j) of this section,".
Page 9-After
line 16 Insert:
"(j) Any continuing contract teacher receiving
notice of a recommendation of termination under W.S. 21‑7‑106(a) is
entitled to an informal review on the recommendation for termination as
follows:
(i) The
request for an informal review shall be given to the board within three (3)
days after receipt of the notice;
(ii) Within
three (3) days following receipt of the request for an informal review, the
board and teacher shall select a review panel.
The review panel shall consist of three (3) members. The panel shall be composed of one (1) member
of the business community selected by the teacher, one (1) member who is
experienced in education, labor and employment matters selected by the board
and one (1) member of the general public selected by the first two (2) members;
(iii) Within
two (2) days after selection of the panel, the panel shall set the date for an
informal review of the reasons for proposed termination and notify the teacher
and superintendent of the date, time and location of the informal review. In no event shall the informal review
commence on a date later than fifteen (15) days after receipt of the notice of
recommendation for termination;
(iv) At the informal review, the teacher may
appear in person with or without counsel.
The superintendent may present his reasons for recommendation of
termination and the teacher may present reasons why termination is not appropriate. Testimony shall not be taken and the
(v) Within
three (3) days after the informal review, the review panel shall render a
written recommendation to the board regarding the proposed termination. A copy of the recommendation shall be
provided to the teacher. The
recommendation shall include a brief statement of the reasons for the panel's
recommendation. The recommendation shall
not be binding on the board and shall not be subject to review in a court;
(vi) If the teacher requests an informal review under
this subsection, any request for hearing under subsection (c) of this section
shall not be required to be given as provided in subsection (c) but shall be
given within seven (7) days of receipt of the panel's recommendation.". PATTON
SF0146H2009/ADOPTED (TO ENGROSSED COPY)
Page 1-line 9 After ";" insert "repealing
authority of districts to provide continuing contract status without regard to
years of service;".
Page 10-line
12 After "(f)" delete "and"
insert ","; after "21‑7‑111(b)"
insert "and 21‑7‑114".
Page 10-line
17 Delete "by the"
insert "into law,".
Page 10-line
18 Delete "legislature,". TEETERS
SF0146H2010/ADOPTED (TO ENGROSSED COPY)
Page 1-line 9 After ";" insert "redefining
continuing contract status;".
Page 4-line 22 After "(A)" insert "Except as otherwise provided by this subparagraph,".
Page 5-line 4 After "year"
insert ". On and after July 1, 2012, any
initial contract teacher who has been employed by the same school district in
the state for a period of five (5) consecutive school years after July 1, 2011,
has had his contract renewed for a sixth consecutive school year and has
otherwise met the requirements of this subparagraph.".
Page 5-line 6 After "(B)" insert "Except as otherwise provided by this paragraph,".
Page 5-line 13 After "." insert "On and after July 1, 2012, a teacher who has achieved
continuing contract status in one (1) district, and who without lapse of time
has taught four (4) consecutive school years and had his contract renewed for a
fifth (5) consecutive year by the employing district, and has otherwise met the
requirements of this subparagraph.".
Page 13-After
line 23 insert and renumber:
"Section 5. W.S. 21‑7‑101(a)(ii), as
amended under section 1 of this act, and the extension of requirements to
attain continuing contract status from three (3) to five (5) years, shall apply
to initial contract teachers employed on and after July 1, 2012, regardless of
whether a teacher was employed prior to July 1, 2012 as a teacher in Wyoming.". JAGGI
2/22/2011 H
Passed 2nd
SF0146H3001/FAILED
(TO ENGROSSED COPY)
Page 12-lines
6 through 9 Delete entirely and
renumber as necessary. BYRD
SF0146H3002/FAILED (TO ENGROSSED COPY)
Page 7-line 6 Strike "Immorality" insert "Immoral behavior with a student". CONNOLLY, GINGERY
SF0146H3003/ADOPTED (TO ENGROSSED COPY)
Page 7-lines 2
through 4 Delete
the Gingery Second Reading Amendment (SF0146H2005/AE) to these lines. HARSHMAN
SF0146H3004/ADOPTED (TO ENGROSSED COPY)
Page 5-line 4 In the Jaggi second reading amendment
(SF0146H2010/AE) to this line delete "2011"
insert "2012".
Page 5-line 13 In the Jaggi second reading amendment (SF0146H2010/AE) to this line delete "(5)".
JAGGI
SF0146H3005/ADOPTED (TO ENGROSSED COPY)
Delete the
Jaggi second reading amendment (SF0146H2010/AE) entirely.
Delete the
Jaggi third reading amendment (SF0146H3004/AE) entirely and further amend as
follows:
Page 1-line 9 After ";" insert "redefining
continuing contract status;".
Page 4-line 22 After "(A)" insert "Except as otherwise provided by this subparagraph,".
Page 5-line 4 After "year"
insert ". On and after July 1, 2012, any
initial contract teacher who has been employed by the same school district in
the state for a period of four (4) consecutive school years after July 1, 2012,
has had his contract renewed for a fifth consecutive school year and has
otherwise met the requirements of this subparagraph.".
Page 5-line 6 After "(B)" insert "Except as otherwise provided by this paragraph,".
Page 5-line 13 After "." insert "On and after July 1, 2012, a teacher who has achieved
continuing contract status in one (1) district, and who without lapse of time
has taught three (3) consecutive school years and had his contract renewed for
a fourth consecutive year by the employing district, and has otherwise met the
requirements of this subparagraph.".
Page 13-After
line 23 insert and renumber:
"Section 5. W.S. 21‑7‑101(a)(ii), as
amended under section 1 of this act, and the extension of requirements to
attain continuing contract status from three (3) to four (4) years, shall apply
to initial contract teachers employed on and after July 1, 2012, regardless of
whether a teacher was employed prior to July 1, 2012 as a teacher in Wyoming.". CONNOLLY, MCKIM, MCOMIE
SF0146H3006/ADOPTED (TO ENGROSSED COPY)
Page 4-After
line 13 In the Brown second reading
amendment (SF0146H2002/AE) after "superintendent
shall provide a" insert "confidential";
before "performance" insert "exceptional, satisfactory and unsatisfactory";
delete "identified"; before "to improve instruction" insert "identified with unsatisfactory performance". FREEMAN
SF0146H3007/FAILED (TO ENGROSSED COPY)
Page 1-line 9 Delete the Teeters second reading
amendment (SF0146H2009/AE) to this line.
Page 10-line
12 Delete the Teeters second
reading amendment (SF0146H2009/AE) to this line. FREEMAN
SF0146H3008/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 2-line 3 Delete "21‑7‑104(a)" insert "21‑7‑104".
Page 6-After
line 2 Insert:
"(b) A teacher who has
achieved continuing contract status on and after July 1, 2012, and who
subsequently receives a notice of termination under W.S. 21‑7‑106(a)
based solely on inadequate performance under W.S. 21‑7‑110(a)(vii)
may, at the option of the school district, be employed during the ensuing
school year provided the teacher agrees to the provisions in paragraphs (i) and
(ii) of this subsection. A teacher who
agrees to paragraphs (i) and (ii) of this subsection who
receives satisfactory performance evaluations and does not receive a notice of
termination for any other reason during the ensuing school year shall be
employed as a continuing contract teacher after the ensuing school year and the
notice of termination shall be rescinded. The teacher shall agree that:
(i) He
waives all rights to a hearing to contest his notice of termination under W.S.
21‑7‑110(c); and
(ii) He
shall be employed as an initial contract teacher and may be terminated as an
initial contract teacher during the ensuing school year.
(b)(c) Any teacher
hired by a Wyoming school district shall receive credit in accordance with that
district's salary schedule for all prior years of service obtained as a teacher
in any Wyoming school district or as a teacher in the regional developmental
preschool system defined by W.S. 21‑2‑701(a)(iii).". MADDEN
2/23/2011 H
Passed 3rd
ROLL CALL
Ayes:
Representative(s) Barbuto, Berger, Blake, Blikre, Bonner, Botten,
Brechtel, Brown, Buchanan, Burkhart, Campbell, Cannady, Childers, Craft,
Edmonds, Eklund, Esquibel, K., Freeman, Gay, Gingery, Goggles, Greear, Greene,
Harvey, Hunt, Illoway, Jaggi, Kroeker, Krone, Loucks, Lubnau, Madden, McKim,
McOmie, Moniz, Nicholas, B., Patton, Peasley, Petersen, Petroff, Quarberg,
Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters, Throne, Vranish, Wallis,
Zwonitzer, Dn. and Zwonitzer, Dv.
Nays:
Representative(s) Byrd, Connolly, Harshman and Miller
Excused:
Representative(s) Davison, Kasperik, Lockhart and Pederson
Ayes 52 Nays
4 Excused 4 Absent 0 Conflicts
0
2/23/2011 S Received for Concurrence
2/23/2011 S Did Not Concur
ROLL CALL
Nays:
Senator(s) Anderson, Barnard, Bebout, Burns, Case, Christensen, Coe,
Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks,
Hines, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P., Nutting,
Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Ayes 0 Nays
30 Excused 0 Absent 0 Conflicts
0
2/23/2011 S Appointed JCC01 Members
Senator(s) Nicholas, P., Esquibel, F.,
2/24/2011 H Appointed JCC01 Members
Representative(s) Teeters, Miller, Stubson
3/1/2011 S Adopted SF0146JC01
ROLL CALL
Ayes:
Senator(s) Anderson, Barnard, Bebout, Burns, Christensen, Coe, Cooper,
Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hicks, Hines, Jennings,
Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross,
Rothfuss, Schiffer, Scott and Von Flatern
Nays:
Senator(s) Case
Excused:
Senator(s) Hastert
Ayes 28 Nays
1 Excused 1 Absent 0 Conflicts
0
3/2/2011 H
Adopted SF0146JC01
ROLL CALL
Ayes:
Representative(s) Barbuto, Berger, Blake, Bonner, Brechtel, Brown,
Buchanan, Burkhart, Byrd, Campbell, Cannady, Childers, Connolly, Craft,
Davison, Edmonds, Eklund, Esquibel, K., Freeman, Gay, Gingery, Goggles, Greear,
Greene, Harshman, Harvey, Hunt, Illoway, Jaggi, Kasperik, Kroeker, Lockhart,
Loucks, Lubnau, Madden, McKim, McOmie, Miller, Moniz, Nicholas, B., Peasley,
Petersen, Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters,
Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays:
Representative(s) Blikre, Botten, Krone, Patton and Petroff
Excused:
Representative(s) Pederson
Ayes 54 Nays
5 Excused 1 Absent 0 Conflicts
0
SF0146JC01/AA ADOPTED (TO ENGROSSED COPY)
Adopt
the following House amendments:
SF0146H2006/AE
SF0146H2009/AE
SF0146HS001/AE
Delete
the following House amendments:
SF0146H2002/AE
SF0146H2004/AE
SF0146H2005/AE
SF0146H2010/AE
SF0146H3003/AE
SF0146H3004/AE
SF0146H3005/AE
SF0146H3006/AE
SF0146HW001/AE
Further
amend the ENGROSSED COPY as follows:
Page 1-line
9 After ";" and before
the Teeters Second Reading Amendment (SF0146H2009/AE) to this line, insert "clarifying
suspension with and without pay;".
Page 2-line 2 After "(B)"
insert "and (vi)".
Page 5-After line 13 insert:
"(vi) "Suspension"
with pay" means the removal of a teacher from the classroom during the
school year.
Unless otherwise agreed to by the teacher and the district
superintendent or board, suspension shall be with, or without, termination of
salary pay as follows:
(A) By the
superintendent "with pay" pending:
(I) The investigation of an allegation of misconduct which
investigation shall not exceed thirty (30) days; and
(II) The
final action of the board following completion of the investigation under subdivision
(I) of this subparagraph and, if requested, the outcome of a hearing in accordance with W.S. 21‑7‑110.;
(B) By the
board "without pay" for a period not to exceed one (1) calendar year
following the outcome of a hearing in accordance with W.S. 21‑7‑110.".
Page
7-line 23 Delete "and".
Page 7-After line 23 insert:
"(viii) Conviction of a felony; and".
Page
8-line 1 Delete "(viii)" insert "(ix)".
Page 10-line 12 After "W.S." insert "21‑7‑102(a)(ix),".
Renumber as
necessary. NICHOLAS, ESQUIBEL,
3/2/2011 Assigned Number SEA No. 0089
3/3/2011 S President Signed SEA No. 0089
3/3/2011 H Speaker Signed SEA No. 0089
3/7/2011 Governor Signed SEA No. 0089
3/9/2011 Assigned Chapter Number
Chapter No. 0182 Session Laws of Wyoming 2011