BILL REQ. #:  S-2533.5 

Read first time 04/05/11.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to teacher performance; amending RCW 28A.405.140, 28A.405.220, 28A.405.415, 28A.150.410, and 28A.400.200; adding new sections to chapter 28A.405 RCW; adding a new section to chapter 28A.150 RCW; creating new sections; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 101   This act may be known and cited as the excellent teachers for every student act.

NEW SECTION.  Sec. 102   The legislature finds that in order for Washington schools to be great places to teach and learn - where all kids and educators succeed - schools must build cultures where all students thrive. The legislature intends to respect teachers and principals first by empowering them to create that culture together, and then by helping them retain the teachers who are crucial to that culture. In particular, these policies support practices with a track record of closing the achievement gap. This is done by:
     (1) Ensuring that teachers who do the best work are the ones who keep their jobs when budgets need to be cut, by basing reduction in force policies on the evaluations the legislature has outlined for measuring teacher performance. Since the loss of teachers through layoffs already impacts student learning, there is an urgent need to conduct layoffs in a way that retains the most effective teachers. Educators deserve to be recognized for their ability to help students learn and children deserve the very best and brightest teachers;
     (2) Empowering principals and teachers with autonomy in challenging school placement decisions to ensure the creation of school cultures that both promote the ongoing improvement of teaching and learning and are committed to closing the achievement gap. The strongest, most successful school cultures are those in which teachers and principals work toward shared goals for improving student learning. In order to create shared cultures, principals and teachers must be able to agree that a challenging school placement is the best fit for them;
     (3) Recognizing that for the fair evaluation of a principal based on the criteria outlined by the legislature, specifically that principals should be evaluated on creating a school culture that promotes the ongoing improvement of learning and teaching and managing both staff and fiscal resources to support student achievement and legal responsibilities for students and staff, a principal needs the ability to select teachers who have demonstrated effectiveness and have demonstrated qualifications and teaching experience that support the instructional practices of his or her school;
     (4) Increasing the authority of principals to terminate teachers upon a finding that, after multiple years of unsuccessful improvement following training and mentoring, the lack of a teacher's progress in improving his or her teaching skills is detrimental to the academic performance of the teacher's students; and
     (5) Reforming the statewide salary allocation schedule and national board bonuses to ensure that state appropriations are rationally allocated using an evidence-based pay schedule that rewards teachers who are making a positive difference toward educational attainment of their students.

NEW SECTION.  Sec. 201   A new section is added to chapter 28A.405 RCW to read as follows:
     (1) When reductions in the workforce occur due to enrollment decline or revenue loss, the employment contracts of any certificated classroom teacher must be nonrenewed in the following manner within each particular certification or endorsement area. Certificated classroom teachers who received the lowest evaluation rating, as described in RCW 28A.405.100 must have their contracts nonrenewed first.
     (2) The board of directors of each school district shall adopt a written policy governing procedures for the nonrenewal of employment contracts for certificated classroom teachers as provided for in subsection (1) of this section.
     (3) Any school district whose board policies or locally bargained agreement outlines recall rights for certificated classroom teachers must recall staff in the reverse order contracts were nonrenewed as provided for in subsection (1) of this section.
     (4) All collective bargaining agreements and other contracts entered into between a school district and an employee bargaining unit or an employee after the effective date of this section, as well as bargaining agreements existing on the effective date of this section, but renewed or extended after the effective date of this section, must be consistent with this section.

NEW SECTION.  Sec. 301   A new section is added to chapter 28A.405 RCW to read as follows:
     Any policy adopted by a school district board of directors after the effective date of this section under RCW 28A.150.230 or in a locally bargained agreement must contain provisions that prohibit assignment of a certificated classroom teacher to a school in the lowest tier of the state board of education's accountability index, unless agreed to by the hiring principal and, if applicable to local policy, the school-based entity charged with hiring decisions.

Sec. 401   RCW 28A.405.140 and 1993 c 336 s 403 are each amended to read as follows:
     (1) After an evaluation conducted pursuant to RCW 28A.405.100, the principal or the evaluator may require the teacher to take in-service training provided by the district in the area of teaching skills needing improvement, and may require the teacher to have a mentor for purposes of achieving such improvement.
     (2) Notwithstanding the provisions of RCW 28A.405.210 and 28A.405.220, if for three consecutive years or three nonconsecutive years within any five-year period, clear improvement is not demonstrated based on the in-service training and mentoring provided pursuant to subsection (1) of this section and after a finding that the lack of a teacher's progress in improving his or her teaching skills is detrimental to the academic performance of the teacher's students, the principal may initiate an action to dismiss the teacher. In the event the principal makes this determination, the teacher shall be notified in writing. The notification must include a detailed explanation of the reasons for the principal making this determination.
     (3) Within ten days of receiving notice pursuant to this section, every teacher receiving such notice, at his or her request, shall be provided an opportunity to meet informally with the principal for the purpose of requesting that the principal reconsider his or her decision. At the meeting, the teacher must be given the opportunity to refute any facts upon which the principal's determination was made.
     (4) Within ten days following the meeting with the teacher, the principal shall either reinstate the teacher or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the teacher be terminated. A copy of the report must be delivered to the teacher at least ten days before the scheduled meeting of the board of directors. At the board of directors' meeting, the teacher must be given the opportunity to present information and provide documentation refuting any facts upon which the principal's determination was made.
     (5) The board of directors shall notify the teacher in writing of its final decision within ten days following the meeting at which the principal's recommendation was considered. The decision of the board of directors to terminate the contract of a teacher pursuant to this section shall be final and not subject to appeal.
     (6) All school district collective bargaining agreements signed, adopted, or renewed after the effective date of this section, shall include provisions consistent with this section.

Sec. 402   RCW 28A.405.220 and 2010 c 235 s 203 are each amended to read as follows:
     (1) Notwithstanding the provisions of RCW 28A.405.140 and 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section during the first three years of employment by such district, unless: (a) The employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district; or (b) the school district superintendent may make a determination to remove an employee from provisional status if the employee has received one of the top two evaluation ratings during the second year of employment by the district. Employees as defined in this section shall hereinafter be referred to as "provisional employees."
     (2) In the event the superintendent of the school district determines that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 15th, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. The determination of the superintendent shall be subject to the evaluation requirements of RCW 28A.405.100.
     (3) Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the superintendent's determination was based and to make any argument in support of his or her request for reconsideration.
     (4) Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.
     (5) The board of directors shall notify the provisional employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors to nonrenew the contract of a provisional employee shall be final and not subject to appeal.
     (6) This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section provides the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW.

Sec. 501   RCW 28A.405.415 and 2009 c 539 s 6 are each amended to read as follows:
     (1) Before the 2013-14 school year, certificated instructional staff who have attained certification from the national board for professional teaching standards shall receive a bonus each year in which they maintain the certification. Beginning in the 2013-14 school year and each year thereafter, certificated instructional staff who have received a bonus for at least two years must be evaluated by the principal as a top tier teacher under RCW 28A.405.100 in order to receive an annual bonus. The bonus shall be calculated as follows: The annual bonus shall be five thousand dollars ((in the 2007-08 school year. Thereafter, the annual bonus shall increase by inflation. For the 2009-10 and 2010-11 school years the annual bonus shall be subject to the availability of amounts appropriated for this purpose. During the 2011-2013 and 2013-2015 fiscal biennia, in addition to annual adjustments for inflation, the bonus amount shall be additionally increased such that, by the end of the 2014-15 school year, national board bonus amounts are, at a minimum, equal to what they would have been if annual adjustments for inflation had not been suspended during the 2009-10 or 2010-11 school year)).
     (2) Before the 2013-14 school year, certificated instructional staff who have attained certification from the national board for professional teaching standards shall be eligible for bonuses in addition to that provided by subsection (1) of this section if the individual is in an instructional assignment in a school in which at least seventy percent of the students qualify for the free and reduced-price lunch program. Beginning in the 2013-14 school year and each year thereafter, certificated instructional staff who have received a bonus for at least two years must be evaluated by the principal as a top tier teacher under RCW 28A.405.100 in order to receive an annual bonus under this subsection.
     (3) The amount of the additional bonus under subsection (2) of this section for those meeting the qualifications of subsection (2) of this section is five thousand dollars.
     (4) The bonuses provided under this section are in addition to compensation received under a district's salary schedule adopted in accordance with RCW 28A.405.200 and shall not be included in calculations of a district's average salary and associated salary limitations under RCW 28A.400.200.
     (5) The bonuses provided under this section shall be paid in a lump sum amount in July of each school year.
     (6) The technical working group established in RCW 28A.400.201 must include an examination of national board certification bonuses.

NEW SECTION.  Sec. 601   The legislature finds the Washington state institute for public policy has analyzed research on whether having a graduate degree improves the ability of a teacher to raise the academic performance of his or her students. The institute concluded that the average research estimate is that graduate degrees had "essentially zero" impact on student outcomes, except possibly in the instance of mathematics and science graduate degrees for teachers in particular fields. The institute found that, within the context of a single salary schedule, salary schedules should be adjusted to place less or no emphasis on graduate degrees. Additionally, the institute found that the effect of teacher experience on student learning, while quite significant in the initial years, levels off considerably beyond five years of experience. The legislature is cognizant of this research and finds that, at present, it spends more than nine hundred million dollars per year in higher pay for teachers with educational experience beyond a bachelor's degree and a significant amount in higher compensation for teachers beyond their initial years of experience. The legislature intends to reform the statewide salary schedule to ensure that dollars spent on education are better allocated to improve student outcomes.

Sec. 602   RCW 28A.150.410 and 2010 c 236 s 10 are each amended to read as follows:
     (1) The legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260. For the purposes of this section, the staff allocations for classroom teachers, teacher librarians, guidance counselors, and student health services staff under RCW 28A.150.260 are considered allocations for certificated instructional staff.
     (2) Salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district's average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act.
     (3) Beginning ((January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless:
     (a) The employee has a master's degree; or
     (b) The credits were used in generating state salary allocations before January 1, 1992)) in the 2013-14 school year, the statewide salary allocation schedule shall phase out in annual proportional decrements additional salary allocations for certificated instructional staff with greater than eight years of service and educational experience beyond a baccalaureate degree plus forty-five credits, unless the employee has a master's degree in mathematics, science, or special education and is teaching in one of those fields, in which case the increased compensation allocation shall reflect only that portion of an employee's workload that is spent teaching those fields.
     (4) By no later than the 2018-19 school year, the maximum college quarter-hour credits and years of education service used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, shall be:
     (a) Forty-five credits after the baccalaureate degree, unless the employee has a master's degree in mathematics, science, or special education and is teaching in one of those fields, in which case the increased compensation allocation shall reflect only that portion of the employee's workload that is spent teaching in those fields; and
     (b) Eight years of service.
     (5) Beginning in the 2007-08 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service. Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits.
     (6) Fiscal savings from changes to the statewide salary allocation schedule under this section shall be fully reinvested in compensation of certificated instructional staff. Beginning in the 2013-14 school year the statewide salary allocation schedule shall be revised to incorporate performance pay based on the certificated teacher evaluation system required under RCW 28A.405.100 and the school accountability index required under RCW 28A.657.110. Seventy percent of savings from changes to the statewide salary allocation schedule shall be directed to certificated instructional staff performance pay based on the certificated teacher evaluation system required under RCW 28A.405.100 and thirty percent directed to certificated instructional staff performance pay based on the school accountability index required under RCW 28A.657.110.

Sec. 603   RCW 28A.400.200 and 2010 c 235 s 401 are each amended to read as follows:
     (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.
     (2)(((a))) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service((; and
     (b) Salaries for certificated instructional staff with a master's degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a master's degree and zero years of service)).
     (3)(a) The actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.
     (b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.
     (c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.
     (4) Except as provided in RCW 28A.150.410, salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, for additional responsibilities, for incentives, or for implementing specific measurable innovative activities, including professional development, specified by the school district to: (a) Close one or more achievement gaps, (b) focus on development of science, technology, engineering, and mathematics (STEM) learning opportunities, or (c) provide arts education. Beginning September 1, 2011, school districts shall annually provide a brief description of the innovative activities included in any supplemental contract to the office of the superintendent of public instruction. The office of the superintendent of public instruction shall summarize the district information and submit an annual report to the education committees of the house of representatives and the senate. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.
     (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 ((and)), 28A.400.275, and 28A.400.280.

NEW SECTION.  Sec. 604   A new section is added to chapter 28A.150 RCW to read as follows:
     Beginning in the 2011-12 school year, the base salary allocation for school district certificated instructional staff must be reduced for those grandfathered school districts with allocations above the minimum salary identified in the statewide salary allocation schedule. The grandfathered district reduction shall be in annual proportional decrements that result in the allocation being uniform across all school districts in the 2013-14 school year. The annual decrement for each grandfathered school district shall, at a minimum, be the lesser of (1) the difference between the district's base salary allocation and the minimum salary identified in the statewide salary allocation schedule, and (2) one percent of the minimum salary identified in the statewide salary allocation schedule.

NEW SECTION.  Sec. 701   This act takes effect September 1, 2011.