Missouri Senate

Senate Committee Substitute

This act modifies the teacher tenure systems and administration of teacher contracts. Currently, two teacher tenure systems exist in the state, one for the St. Louis City School District and one for all other districts. These two systems will expire, and beginning on July 1, 2013, all teachers in the state will be governed by the "Teacher Multiyear Contract Act." (Section 168.1000)

TEACHING AND ADMINISTRATION STANDARDS: The teaching standards adopted by each district board of education may be included as part of its evaluation system. The Missouri Administration Standards Professional Continuum for Leaders may be included as part of the district's evaluation system. School administrators may enter into a contract for employment for a period of up to four years. (Sections 160.045 & 168.410)

NON-CERTIFIED EMPLOYEES IN THE ST. LOUIS CITY SCHOOL DISTRICT: Currently, non-certified employees in St. Louis who were hired prior to August 28, 2009 have had the ability to earn tenure protections. This act removes the requirement that promotions for these employees be made in part based on length of service. In addition, if the school district undergoes a reduction in force, employee performance, as defined in district policy, will be the deciding criterion for reduction in force and reinstatement.

TEACHER CONTRACTS: Beginning July 1, 2013, school boards may employ legally certificated teachers not employed as superintendent. Procedures for the contract are described in the act. (Section 168.999)

TRANSITION TO TEACHER MULTIYEAR CONTRACT ACT: Each school district must place a teacher who is contracted to begin initial employment on or after July 1, 2013 on a one-year contract. Each school district must develop a policy concerning the recommended length of multi-year contracts for school years subsequent to school year 2013-2014. Any teacher who receives two successive annual evaluations of ineffective will not be reemployed. (Section 168.1003)

FORM OF TEACHER CONTRACT: Standard language to be used for teacher contracts is identified in the act. The school board may terminate a contract for cause at any time. The terms of a multiyear contract, including salary, may be contingent upon available funding. In addition, a two or three-year multiyear contract may not be renewed more than fourteen months before its expiration. (Sections 168.1004 and 168.1006)

PROHIBITIONS ON EMPLOYMENT: A school board is prohibited from employing one of its members as a teacher. Also, a school board cannot employ any teacher who is related within the fourth degree to any board member, by consanguinity or affinity, where the vote of the board member is necessary to the selection of the person. (Section 168.1007)

MODIFICATION OF TEACHER CONTRACTS: The school board may modify a multiyear contract annually on or before May 15. Modifications include school year starting and ending dates, annual compensation, and designating how assessment results based on student performance may affect contract length and terms. Modifications will become effective at the beginning of the next school year.

A teacher and a school district may terminate or modify a multiyear contract by mutual consent at any time. A teacher who desires to terminate his or her multiyear contract at the end of a school term must give written notice before June 1 of that year. (Sections 168.1008 and 168.1010)

COMPENSATION PLAN: Each school district must develop a compensation plan for certificated personnel and update it annually. (Section 168.1009)

TERMINATION OF A MULTIYEAR CONTRACT: When an administrator recommends that a teacher contract not be renewed, he or she must provide written notice to the teacher no later than January 31. The administrator must present the name of each teacher to the school board by March 31. The board must vote to accept or reject the administrator's recommendation separately by April 15. (Section 168.1011)

The school board may terminate a multiyear contract for one or more of the following causes: unsatisfactory performance based on teacher evaluation under section 168.1032; 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; immoral conduct or conviction of a felony or a crime involving moral turpitude.

For the determination of professional competency or efficiency of a multiyear contract teacher, consideration will be given to regular and special evaluation reports prepared in accordance with school district policy and standards adopted by the school board. (Section 168.1012)

PROCEDURES FOR THE TERMINATION OF A MULTIYEAR CONTRACT: To terminate a multiyear contract, the school board must serve written charges upon the teacher, notice of a hearing on charges, and conduct a hearing if the teacher requests it. At least twenty days before service of notice of charges, the school board or superintendent must give the teacher a written warning, stating the causes that may result in charges. The superintendent and the teacher must meet and confer in an effort to resolve the matter.

Notice of a hearing upon charges and a copy of the charges must be given to the teacher at least fifteen days prior to the date of the hearing. If the teacher does not request a hearing within ten days of receipt of the notice, the school board may, upon a majority vote, terminate the teacher's contract. If a hearing is requested, it must take place no more than twenty days after notice of a hearing. A school board may suspend the teacher from active performance of duty until a decision is rendered by the board but the teacher's salary must be continue during the suspension.

Procedures for the hearing are described in the act. In addition, during any time in which powers granted to a district's board of education are vested in a special administrative board, the special administrative board may appoint a hearing officer to conduct the hearing. (Section 168.1016)

LEAVE OF ABSENCE POLICIES: School boards may establish policies for leaves of absence. The school board may grant a leave of absence or place a teacher on a part-time teaching schedule for one year, subject to annual renewal. Leaves and military service will not impair the teacher's multiyear 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. Seniority or years of service cannot be used as criteria for reduction in force; effective teacher performance will be the deciding criterion. Additional procedures are described when financial condition is the reason for a reduction in force. (Section 168.1022)

SCHOOL PRINCIPALS: School principals will have the right to select teachers for their schools who have demonstrated effectiveness and qualifications. School districts with multiple schools must include provisions in teacher contracts for the placement of teachers rated highly effective or effective based on the mutual consent of the teacher and principal of the school. School districts may adopt options for teachers rated effective or higher who are displaced and not selected for a regular position. This act contains additional procedures for when a position is unavailable for a teacher. (Section 168.1025)

TEACHER RECORDS & EVALUATIONS: Each school district must maintain records showing periods of service, dates of appointment, and other necessary information. (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 teacher. (Section 168.1028)

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

TEACHER EVALUATIONS: Teachers and principals must undergo evaluations, which must contain certain components. Each school board must develop and implement an evaluation system using multiple measures aligned with growth in student achievement. This system must be the basis for personnel and compensation decisions. Each system must be developed and implemented in conjunction with teachers, principals, and parents and allow for continued input. Measures must be fair, rigorous, transparent, and valid. If the school board does not adopt an evaluation system, as described in the act, it must use the model evaluation system that is developed by the Department of Elementary and Secondary Education.

For teachers who teach courses subject to the statewide assessments, student achievement growth on the assessments must count for at least fifty percent of the evaluation. For teachers who do not directly instruct students in subjects or grades subject to the statewide assessments, growth in student achievement on the assessments will be used as an evaluation measure and count for at least fifty percent of the evaluation. Student achievement growth will be measured through the assessments using the state-level growth model and with value-added methods developed by the Department.

Teachers and principals must be given written notice in advance of the evaluation along with any specific indicators that will be used with the evaluation. Each teacher and principal will be given one of four rating levels, as described in the act. The evaluation results will be used as a basis for school board decisions in pay, retention, promotion, dismissals, staffing decisions, contract length, transfers, placements, and reduction in force. In addition, each contract and collective bargaining agreement entered into after July 1, 2013 must authorize the use of the evaluation results for these purposes.

Each school board must develop the evaluation system for administration as a pilot program during the 2012-1013 school year and implement the full system in the 2013-2014 school year. Local educational agencies cannot use seniority, degrees, or credentials as a basis for determining pay, retention, promotion, dismissal, and other decisions as described in the act.

The Department of Elementary and Secondary Education must develop standards for the implementation of local evaluation systems, including processes for determining who is the teacher of record and the minimum amount of instructional time. The Department must also develop standards for rating levels, a student growth-model, a value-added system for determining student growth on assessments, and minimum training requirements for evaluators. The Department must also provide assistance to districts and develop a model evaluation system that will be used by districts that do not or cannot develop their own system or choose to use the model system. The Department must also provide or approve evaluation forms, link teacher preparation programs and achievement data for individual students, and monitor local evaluation systems. (Section 168.1032)

DEFINITION OF AGENCY: This act modifies the definition of "agency" for purposes of chapter 536 (administrative procedures and review) by removing public school districts. (Section 536.018)

REPEALED PROVISIONS: This act repeals the minimum teacher salary requirements and the teacher tenure systems. (Sections 163.172, 168.101 to 168.130, 168.221)

This act has a delayed effective date of July 1, 2013. (Section B)

This act is similar to HB 1526 (2012).

MICHAEL RUFF