Missouri Senate

Introduced

TEACHING STANDARDS: The teacher standards established in section 160.045 will be used for teacher evaluations under this act. In addition, the Missouri Teaching Standards Professional Continuum adopted by the State Board of Education will constitute fifty percent of the score on a teacher's evaluation under this act. (Section 160.045)

MINIMUM TEACHER SALARIES: This act removes the minimum teacher salary established for full-time teachers with a master's degree and at least ten years' teaching experience. (Section 163.172)

SCHOOL ADMINISTRATOR EVALUATIONS: School boards must currently conduct a comprehensive performance-based evaluation of administrators. This act requires them to be conducted annually. The Missouri Administration Standards Professional Continuum will be used for fifty percent of the score. Beginning July 1, 2012, administrator evaluations must contain a component that assesses the performance of instructional personnel they supervise. This component will constitute fifty percent of the evaluation. Each school district's school board must develop standards and criteria for the assessment. (Section 168.410)

CLASSES OF TEACHERS: Teachers will be classified as "probationary teachers" and "continuing contract teachers." Probationary teachers are those in their first year of employment or who are subsequently employed in the same district on a one-year contract. Continuing contract teachers are those who are employed on a contract whose length is two or more years.

A continuing contract will be effect for two, three, or four years, except for retirement, death, resignation, termination, revocation of a teaching certificate, or modification. (Sections 168.1002 & 168.1004)

TRANSITION FROM EXISTING TENURE SYSTEM TO CONTINUING CONTRACT SYSTEM: All teachers who have tenure will be placed on a probationary contract effective July 1, 2012. New hires or teachers who have worked in another district after July 1, 2012 will also be given a probationary contract. During the 2012-2013 school year, each district will administer performance-based evaluations to all teachers.

Beginning July 1, 2013, a novice probationary teacher entering his or her first contract after becoming certificated will be granted a novice probationary contract of two one-year contracts. The second year will be conditional on first-year performance.

Beginning July 1, 2013, a transfer probationary teacher may be granted a two-year contract if the hiring district finds that the student performance data from the teacher's previous district is sufficient to warrant a two-year contract.

Beginning July 1, 2013, teachers who score in tier 1 on the teacher evaluations in the final year of their continuing contract will receive a subsequent continuing contract for a four-year period. Those who score in tier 2 will receive a three-year continuing contract. Those in tier 3 will receive a two-year continuing contract. Those in tier 4 will receive a one-year contract and become probationary teachers.

(Section 168.1003)

FORM OF TEACHER CONTRACT: Standard language to be used for teacher contracts is identified. The school board may terminate a contract for cause at any time. A school board is prohibited from employing one of its members as a teacher. (Section 168.1006)

MODIFICATION OF TEACHER CONTRACTS: The school board may modify a continuing contract annually on or before May 15. Modifications include: school year starting and ending dates; annual compensation based on a salary schedule; utilization of information from teacher evaluations, which may include longer contract lengths for teachers with higher scores; and inclusion of performance pay increments, based on teacher evaluation information. Modifications will become effective at the beginning of the next school year. (Section 168.1008)

A permanent teacher and a school district may terminate or modify a continuing contract by mutual consent at any time. A teacher who desires to terminate his or her continuing contract at the end of a school term must give written notice before June 1 of that year. (Section 168.1010)

PERFORMANCE PAY: This act establishes performance pay procedures to become effective on July 1, 2013. Each school district must use ninety percent of its total annual base compensation for all teachers in the 2012-2013 school year as the base year for the initial calculation of performance pay increments. The remaining ten percent may be used to address anomalies in the schedule. Each subsequent year will be based on ninety percent of the previous year's total.

Each district must rank-order its teachers by the totals of their performance-based evaluation scores and their student performance scores. Where two or more teachers score the same on their total score, the teacher with the higher student performance score will rank above the teacher with the lower student performance score. If two teachers are ranked the same, have the same student performance score, and the scores fall at a tier break point, both teachers will be ranked in the higher tier.

Teacher salaries based on performance pay and contract increments are described in the act. (Section 168.1009)

TERMINATION OF A CONTINUING CONTRACT: The school board may terminate a continuing contract for one or more of the following causes: unsatisfactory performance based on teacher evaluation under section 168.1026; physical or mental condition, as described in the act; willful or persistent violation of, or failure to obey, the school laws of the state or school board policy; excessive or unreasonable absence from performance of duties; conviction of a felony or a crime involving moral turpitude.

Determination of professional competency or efficiency of a continuing contract teacher, consideration will be given to regular and special evaluation reports prepared in accordance with school district policy and any standards the board may have adopted. (Section 168.1012)

LEAVE OF ABSENCE POLICIES: School boards may establish policies for leaves of absence. A teacher who serves active duty in the military will be eligible for reinstatement without loss of a continuing contract. (Section 168.1020)

REDUCTION IN FORCE: A school board may place teachers on leave of absence because of a decrease in student enrollment, district reorganization, or financial condition. Criteria are established for which teachers may be placed on leave. (Section 168.1022)

TEACHER EVALUATIONS: Each school district must maintain records showing periods of service, dates of appointment, and other necessary information.

Each teacher must have an annual comprehensive, performance-based evaluation conducted. Fifty percent of the evaluation will be based on the performance of students for whom the teacher has responsibility. Fifty percent will be based on the district's teaching standards developed under section 160.045. No more than forty percent of a building's teachers will receive a standards-based score in the top thirty-three percent. Teachers must be evaluated regularly and twice annually in the final year of their continuing contract. Advance notice of evaluations will not be given. Evaluations must be maintained in the teacher's personnel file.

The Department of Elementary and Secondary Education must develop suggested procedures and models for student performance evaluations. (Section 168.1026)

SCHOOL BOARD MEMBER LIABILITY: A school board member will not be liable in a civil action based on a statement of charges against a school teacher. (Section 168.1028)

PROHIBITION ON TEACHER PARTICIPATION IN CERTAIN SCHOOL BOARD MEMBER CAMPAIGNS: This act prohibits a teacher from participating in the management of a campaign for the election or defeat of school board members of his or her district of employment. A teacher who violates this provision will be terminated. (Section 168.1030)

This act is identical to HB 628 (2010) and is similar to HB 2463 (2010).

MICHAEL RUFF