SB 408 Modifies provisions relating to elementary and secondary education
Sponsor: Emery
LR Number: 1698S.02I Fiscal Note available
Committee: Education
Last Action: 4/3/2013 - Hearing Conducted S Education Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SB 408 - This act modifies provisions relating to elementary and secondary education.

SCHOOL REPORT CARDS: The State Board of Education must prepare annual reports of the results of the statewide assessment program that describe student achievement in the state, each district, each school, and each charter school. The reports must include the percent of students performing at or above grade level and making a year's learning growth in a year's time in reading and mathematics.

The State Board of Education must develop a simplified annual school report card for each school attendance center. Each school will be given a letter grade of A, B, C, D or F. Alternative schools will not receive a report card unless they specifically request one. Grades will not be assigned to schools if the number of students tested is smaller than the minimum sample size necessary based on professional practices for statistical reliability.

Grades will be based on student achievement scores and improvement of the lowest twenty-fifth percentile of students in the school in reading and mathematics, as described in the act. Beginning in the 2014-2015 school year, for schools with high school grades, between forty and sixty percent of the school grade will be based on student achievement, as determined by the local school board or charter school governing body, with the remaining percentage based on high school graduation rates, participation in advanced courses, postsecondary readiness, high school graduation rate of at-risk students and the performance on statewide standardized end-of-course assessments. Local school boards and charter school governing bodies must determine the percentage of the school grade to be based on achievement and improvement, between forty and sixty percent, or a value of fifty will be assigned. School boards and charter school governing bodies must notify the Commissioner of Education of the percent chosen.

The report card must also identify each school's performance as having improved, remained the same, or declined based on the prior year.

TEACHER TENURE AND REDUCTION IN FORCE: This act limits teacher tenure to teachers first hired by a district before August 28, 2013.

This act modifies the criteria that a school board uses when placing teachers on leave of absence because of a decrease in student enrollment, district reorganization, or financial condition. This act repeals requirements and procedures commonly referred to as "last in first out" which, when placing teachers on leave, gives preference to permanent teachers and retains permanent teachers based on performance-based evaluation and seniority. Instead, this act provides that in such a situation, the primary basis of teacher retention will be performance-based evaluations.

SALARY SCHEDULES: Each school district must develop and adopt a performance salary schedule for all instructional personnel by July 1, 2014. The performance salary schedule must provide annual salary adjustments based upon performance determined by the annual evaluation system. It must not use advanced degrees as a basis for setting a salary schedule unless the advanced degree is in the area of certification or expertise. The performance salary schedule may also offer additional salary supplements for differentiated pay based on assignment to a Title I school, teaching in a subject area for which there is a teacher shortage, or teaching in the areas of math, science, or special education.

The performance salary schedule will apply to all probationary teachers and any new teachers hired on or after July 1, 2014. Tenured teachers may relinquish tenure to participate in the performance salary schedule. Tenured teachers may remain on the district's prior salary schedule.

TEACHER AND PRINCIPAL EVALUATIONS: Each school district must perform an annual performance-based evaluation on each teacher and principal. The system must be established in collaboration with evaluators of instruction and teachers in the district or charter school. The evaluation system must include both annual formative and summative performance reviews for all teachers. The preponderant portion of the evaluation must be based on objective, valid, reliable, and comparative measures of student achievement growth aligned to state standards. Districts may use locally-developed assessments but they must be approved by the Department of Elementary and Secondary Education. Student achievement growth must be measured through assessments in accordance with a state-level growth model and with value-added methods developed by the Department of Elementary and Secondary Education.

Four rating levels must be used to evaluate teachers: highly effective, effective, needs improvement, or ineffective. For teachers who teach courses subject to state assessments aligned with state standards and for principals of schools that use these assessments, student achievement growth on these assessments will count for between forty and sixty percent of the evaluation, as determined by the local school board. Multiple measures that may be used are described in the act.

Each district must fully implement the evaluation system beginning in school year 2014-2015. Each district must develop the evaluation system as a pilot during the 2013-2014 school year. Each teacher and principal contract and collective bargaining agreement entered into after July 1, 2015 must authorize the use of evaluation results.

The Department of Elementary and Secondary Education must issue regulations governing the development and implementation of the local evaluation systems, as described in the act. The Department must also develop and implement a statewide student growth model and a value-added system. It must also provide technical assistance to districts, including developing training and a resource bank; develop a model evaluation system to be used by districts that do not develop their own; review and approve student assessments to ensure alignment with state standards; include in its longitudinal data system links between individual teacher and evaluation and teacher preparation programs in the state; and monitor local evaluation systems.

The teacher's and principal's rating from the evaluation system must be maintained in his or her personnel file. In addition, the rating and evaluation results must be made available to any parent or legal guardian of a student enrolled in the school who requests to see it.

This act is similar to SB 344 (2013), SB 332 (2013), HB 388 (2013), SB 806 (2012), and HB 1526 (2012).

MICHAEL RUFF