BP BHEAD INT H [atlas:bill]

AN ACT Relating to the creation of a pilot program for teachers to increase student achievement through their instructional leadership; amending RCW 41.32.010; adding new sections to chapter 28A.405 RCW; creating a new section; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that good teachers are the foundation of the state's education system. These educators are central to assuring excellence and rigor in the educational experience of every student. The legislature also finds that the state has many experienced and exemplary teachers who could help enrich the teaching experiences of other teachers in their buildings, including beginning teachers. The legislature further finds that the state lacks a career advancement structure that provides substantially enhanced compensation packages for outstanding teachers who continue classroom teaching while they act as instructional leaders for their buildings. The legislature intends to create a pilot program designed to keep lead teachers working directly with students in the classroom while they are providing instructional leadership and mentoring for other teachers in their buildings.

NEW SECTION. Sec. 2. The teacher instructional leadership pilot program is established. The purposes of the program are to:

(1) Provide exemplary teachers with career advancement opportunities to serve as lead teachers while they remain in their own classrooms part time working directly with students;

(2) Provide an opportunity for experienced and exemplary teachers to help and mentor new teachers and other teachers in the building;

(3) Help beginning teachers work toward mastery of state-defined knowledge and skill standards for effective teaching;

(4) Advance school or district student learning objectives;

(5) Create collaborative lead teacher selection processes that will permit lead teachers to be effective instructional resources for other educators in their buildings; and

(6) Help the state design a career advancement program for educators that effectively uses and compensates the instructional skills and knowledge of lead teachers, good teachers, beginning teachers, and other educators.

NEW SECTION. Sec. 3. (1) The teacher instructional leadership pilot program shall be administered by the office of the superintendent of public instruction. The office shall design and administer the program with the assistance of an advisory committee that shall include, but need not be limited to teachers, administrators, school directors, parents, and representatives of higher education and business and labor organizations.

(2) The program shall include, but need not be limited to the following components:

(a) Lead teachers shall be assigned to teach in their own classrooms part time and act as instructional leaders and mentors for other teachers in the building part time;

(b) Lead teachers should have substantially enhanced compensation levels;

(c) Lead teachers should be selected through processes that have the support of parents, teachers, principals, building staff, school directors, and members of the community;

(d) One lead teacher may be selected for approximately every two hundred fifty students;

(e) With very limited exceptions, lead teachers are not expected to assume building level administrative duties; and

(f) Lead teachers will be expected to work beyond the districts' contracted days for certificated personnel.

(3) The teacher instructional leadership pilot program established in this act is not a part of basic education. Stipends paid to lead teachers for their instructional leadership duties shall be provided through supplemental contracts and are not basic education program salaries under RCW 28A.400.200.

(4) If the legislature revokes any benefits granted under this section, no affected employee is entitled to receive such benefits as a matter of contractual right.

(5) The selection criteria for lead teachers shall include, but need not be limited to:

(a) The ability to demonstrate exemplary skills and knowledge about effective instructional and classroom management practices, the implementation and interpretation of student assessment strategies, and planning and instruction aligned with the essential academic learning requirements;

(b) Training and experience as a coach and mentor;

(d) A commitment to the purposes of the program.

(6) At least annually, the office shall provide or fund training specifically designed to train and support lead teachers.

(7) Participation in the pilot program shall have the demonstrated support of, at a minimum, the school's board of directors, superintendent, principal, and teachers.

(8) Participating lead teachers, beginning teachers, cooperating teachers, school administrators, and others involved in the pilot program shall annually evaluate the effectiveness of the program and share with the office of the superintendent of public instruction information on the role of lead teachers in the school, any results from the program, and any recommendations for program improvements.

NEW SECTION. Sec. 4. The duties of lead teachers should include, but need not be limited to:

(1) Observing and providing feedback to other teachers in the building;

(2) Conducting demonstration classes;

(3) Working with teachers to develop specific knowledge and skills that improve student learning;

(4) Working with teachers to measure and analyze improvements in student learning;

(5) Assisting other mentors, beginning teachers, and cooperating teachers;

(6) Working with other teachers in the building on school and district student learning objectives;

(7) Working with teachers to formulate clear plans with specific benchmarks and improvement indicators over time for the improvement of knowledge and skills. The knowledge and skills should be based on state-wide standards for effective teaching practices; and

(8) Instructing students part time.

NEW SECTION. Sec. 5. (1) By May 31, 2000, the office of the superintendent of public instruction shall provide to interested school districts a preliminary program design including a process for the selection of pilot schools for the 2000-01 school year. The program design shall incorporate, at a minimum, the provisions of sections 2 and 3 of this act, and any additional requirements contained in this section or any act containing an appropriation for the program.

(2) By August 1, 2000, to the extent that funding is provided through appropriation for this purpose, the office of the superintendent of public instruction, with the assistance of the advisory committee created in section 3 of this act, and subject to the following conditions, shall select pilot schools for the 2000-01 school year.

(a) The process used to select pilot schools shall be reviewed in advance by the advisory committee.

(b) Each participating school may select a maximum of two lead teachers.

(c) The pilot schools shall be geographically and demographically varied, and until the 2003-04 school year, shall be elementary only.

(d) Lead teachers shall be appointed for approximately an eleven-month to one-year period.

(e) Lead teachers shall receive the full-time salary to which they would normally be entitled as certificated teachers plus an additional stipend of ten thousand dollars.

(f) Pilot schools shall have total flexibility in the way release time is provided for their lead teachers.

(3) By September 30, 2000, pilot schools shall select their lead teachers for the 2000-01 school year and commence the program.

(4) By December 1, 2000, the office shall provide to the governor and appropriate fiscal and policy committees of the legislature a preliminary report on the program. The report shall include an estimate of the number of schools that wish to participate during the 2001-03 biennium, the approximate cost of funding participation of interested schools, and any preliminary recommendations for program improvements. The report may include estimates of the cost of phasing additional participation in the program.

(5) By November 30, 2001, the office shall provide to the governor and appropriate fiscal and policy committees of the legislature a report on the program with findings and recommendations based on the

experience of the first year of the pilots. The office shall require participating schools to collect information in a uniform manner in order to evaluate the effectiveness of the pilots. The report shall address questions that include but need not be limited to:

(a) What models were used for selection and deployment of lead teachers and what lessons were learned about maximizing the effectiveness of the models selected, including release time, the most appropriate selection processes, and appropriate workloads for lead teachers?

(b) What roles and responsibilities of lead teachers had the most effect on improving student learning? What additional research and pilot testing is needed to determine that effect?

(c) What are the benefits and costs of having a lead teacher available at the building level compared to having such resources deployed from the district level? Which of the two organizational models is more effective for improving student learning and under what circumstances is the model selected most effective?

(d) What did you learn at the elementary level about the issues of training, assignment, selection, roles, and responsibilities that must be addressed in order for lead teachers to be effective in middle schools and high schools?

(e) What are the issues that must be addressed to make lead teaching assignments viable career paths for exemplary teachers across the state?

(f) Would participating school districts continue the program if funding is not an issue? What data supports the decision? To what extent did districts contribute resources to the pilot to augment the funds provided through the program?

(6) By December 1, 2006, the office of the superintendent of public instruction shall provide to the governor and the appropriate fiscal and policy committees of the house of representatives and the senate a final report on the teacher instructional leadership pilot program. The report shall include an analysis of the effectiveness of the program for improving both student learning and the teaching experiences of teachers in pilot schools. The report shall also include one or more possible designs for articulated, educator career advancement programs that create opportunities for and recognize the skills and contributions of all classroom educators, including paraprofessionals, beginning teachers, good teachers, and lead teachers. At least one of the designs shall include a model in which lead teachers need not be selected from certificated staff already assigned to a particular school or building. Instead, teachers may apply to become lead teachers in another school or school district. The report shall also include the findings and recommendations of the office and of the advisory committee for continuation, modification, or elimination of the program.

Sec. 6. RCW 41.32.010 and 1997 c 254 s 3 are each amended to read as follows:

As used in this chapter, unless a different meaning is plainly required by the context:

(1)(a) "Accumulated contributions" for plan 1 members, means the sum of all regular annuity contributions and, except for the purpose of withdrawal at the time of retirement, any amount paid under RCW 41.50.165(2) with regular interest thereon.

(b) "Accumulated contributions" for plan 2 members, means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.

(2) "Actuarial equivalent" means a benefit of equal value when computed upon the basis of such mortality tables and regulations as shall be adopted by the director and regular interest.

(3) "Annuity" means the moneys payable per year during life by reason of accumulated contributions of a member.

(4) "Member reserve" means the fund in which all of the accumulated contributions of members are held.

(5)(a) "Beneficiary" for plan 1 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter.

(b) "Beneficiary" for plan 2 and plan 3 members, means any person in receipt of a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer by another person.

(6) "Contract" means any agreement for service and compensation between a member and an employer.

(7) "Creditable service" means membership service plus prior service for which credit is allowable. This subsection shall apply only to plan 1 members.

(8) "Dependent" means receiving one‑half or more of support from a member.

(9) "Disability allowance" means monthly payments during disability. This subsection shall apply only to plan 1 members.

(10)(a) "Earnable compensation" for plan 1 members, means:

(i) All salaries and wages paid by an employer to an employee member of the retirement system for personal services rendered during a fiscal year. In all cases where compensation includes maintenance the employer shall fix the value of that part of the compensation not paid in money.

(ii) "Earnable compensation" for plan 1 members also includes the following actual or imputed payments, which are not paid for personal services:

(A) Retroactive payments to an individual by an employer on reinstatement of the employee in a position, or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation and the individual shall receive the equivalent service credit.

(B) If a leave of absence, without pay, is taken by a member for the purpose of serving as a member of the state legislature, and such member has served in the legislature five or more years, the salary which would have been received for the position from which the leave of absence was taken shall be considered as compensation earnable if the employee's contribution thereon is paid by the employee. In addition, where a member has been a member of the state legislature for five or more years, earnable compensation for the member's two highest compensated consecutive years of service shall include a sum not to exceed thirty‑six hundred dollars for each of such two consecutive years, regardless of whether or not legislative service was rendered during those two years.

(iii) For members employed less than full time under written contract with a school district, or community college district, in an instructional position, for which the member receives service credit of less than one year in all of the years used to determine the earnable compensation used for computing benefits due under RCW 41.32.497, 41.32.498, and 41.32.520, the member may elect to have earnable compensation defined as provided in RCW 41.32.345. For the purposes of this subsection, the term "instructional position" means a position in which more than seventy‑five percent of the member's time is spent as a classroom instructor (including office hours), a librarian, or a counselor. Earnable compensation shall be so defined only for the purpose of the calculation of retirement benefits and only as necessary to insure that members who receive fractional service credit under RCW 41.32.270 receive benefits proportional to those received by members who have received full‑time service credit.

(iv) "Earnable compensation" does not include:

(A) Remuneration for unused sick leave authorized under RCW 41.04.340, 28A.400.210, or 28A.310.490;

(B) Remuneration for unused annual leave in excess of thirty days as authorized by RCW 43.01.044 and 43.01.041;

(b) "Earnable compensation" for plan 2 and plan 3 members, means salaries or wages earned by a member during a payroll period for personal services, including overtime payments, and shall include wages and salaries deferred under provisions established pursuant to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code, but shall exclude stipends provided to lead teachers under sections 2 through 5 of this act, lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, or any form of severance pay.

"Earnable compensation" for plan 2 and plan 3 members also includes the following actual or imputed payments which, except in the case of (b)(ii)(B) of this subsection, are not paid for personal services:

(i) Retroactive payments to an individual by an employer on reinstatement of the employee in a position or payments by an employer to an individual in lieu of reinstatement in a position which are awarded or granted as the equivalent of the salary or wages which the individual would have earned during a payroll period shall be considered earnable compensation, to the extent provided above, and the individual shall receive the equivalent service credit.

(ii) In any year in which a member serves in the legislature the member shall have the option of having such member's earnable compensation be the greater of:

(A) The earnable compensation the member would have received had such member not served in the legislature; or

(B) Such member's actual earnable compensation received for teaching and legislative service combined. Any additional contributions to the retirement system required because compensation earnable under (b)(ii)(A) of this subsection is greater than compensation earnable under (b)(ii)(B) of this subsection shall be paid by the member for both member and employer contributions.

(11) "Employer" means the state of Washington, the school district, or any agency of the state of Washington by which the member is paid.

(12) "Fiscal year" means a year which begins July 1st and ends June 30th of the following year.

(13) "Former state fund" means the state retirement fund in operation for teachers under chapter 187, Laws of 1923, as amended.

(14) "Local fund" means any of the local retirement funds for teachers operated in any school district in accordance with the provisions of chapter 163, Laws of 1917 as amended.

(15) "Member" means any teacher included in the membership of the retirement system. Also, any other employee of the public schools who, on July 1, 1947, had not elected to be exempt from membership and who, prior to that date, had by an authorized payroll deduction, contributed to the member reserve.

(16) "Membership service" means service rendered subsequent to the first day of eligibility of a person to membership in the retirement system: PROVIDED, That where a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered. The provisions of this subsection shall apply only to plan 1 members.

(17) "Pension" means the moneys payable per year during life from the pension reserve.

(18) "Pension reserve" is a fund in which shall be accumulated an actuarial reserve adequate to meet present and future pension liabilities of the system and from which all pension obligations are to be paid.

(19) "Prior service" means service rendered prior to the first date of eligibility to membership in the retirement system for which credit is allowable. The provisions of this subsection shall apply only to plan 1 members.

(20) "Prior service contributions" means contributions made by a member to secure credit for prior service. The provisions of this subsection shall apply only to plan 1 members.

(21) "Public school" means any institution or activity operated by the state of Washington or any instrumentality or political subdivision thereof employing teachers, except the University of Washington and Washington State University.

(22) "Regular contributions" means the amounts required to be deducted from the compensation of a member and credited to the member's individual account in the member reserve. This subsection shall apply only to plan 1 members.

(23) "Regular interest" means such rate as the director may determine.

(24)(a) "Retirement allowance" for plan 1 members, means monthly payments based on the sum of annuity and pension, or any optional benefits payable in lieu thereof.

(b) "Retirement allowance" for plan 2 and plan 3 members, means monthly payments to a retiree or beneficiary as provided in this chapter.

(25) "Retirement system" means the Washington state teachers' retirement system.

(26)(a) "Service" for plan 1 members means the time during which a member has been employed by an employer for compensation.

(i) If a member is employed by two or more employers the individual shall receive no more than one service credit month during any calendar month in which multiple service is rendered.

(ii) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470.

(iii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.

(b) "Service" for plan 2 and plan 3 members, means periods of employment by a member for one or more employers for which earnable compensation is earned subject to the following conditions:

(i) A member employed in an eligible position or as a substitute shall receive one service credit month for each month of September through August of the following year if he or she earns earnable compensation for eight hundred ten or more hours during that period and is employed during nine of those months, except that a member may not receive credit for any period prior to the member's employment in an eligible position except as provided in RCW 41.32.812 and 41.50.132;

(ii) If a member is employed either in an eligible position or as a substitute teacher for nine months of the twelve month period between September through August of the following year but earns earnable compensation for less than eight hundred ten hours but for at least six hundred thirty hours, he or she will receive one‑half of a service credit month for each month of the twelve month period;

(iii) All other members in an eligible position or as a substitute teacher shall receive service credit as follows:

(A) A service credit month is earned in those calendar months where earnable compensation is earned for ninety or more hours;

(B) A half-service credit month is earned in those calendar months where earnable compensation is earned for at least seventy hours but less than ninety hours; and

(C) A quarter-service credit month is earned in those calendar months where earnable compensation is earned for less than seventy hours.

(iv) Any person who is a member of the teachers' retirement system and who is elected or appointed to a state elective position may continue to be a member of the retirement system and continue to receive a service credit month for each of the months in a state elective position by making the required member contributions.

(v) When an individual is employed by two or more employers the individual shall only receive one month's service credit during any calendar month in which multiple service for ninety or more hours is rendered.

(vi) As authorized by RCW 28A.400.300, up to forty-five days of sick leave may be creditable as service solely for the purpose of determining eligibility to retire under RCW 41.32.470. For purposes of plan 2 and plan 3 "forty-five days" as used in RCW 28A.400.300 is equal to two service credit months. Use of less than forty-five days of sick leave is creditable as allowed under this subsection as follows:

(A) Less than eleven days equals one-quarter service credit month;

(B) Eleven or more days but less than twenty-two days equals one-half service credit month;

(D) More than twenty-two days but less than thirty-three days equals one and one-quarter service credit month;

(E) Thirty-three or more days but less than forty-five days equals one and one-half service credit month.

(vii) As authorized in RCW 41.32.065, service earned in an out-of-state retirement system that covers teachers in public schools may be applied solely for the purpose of determining eligibility to retire under RCW 41.32.470.

(viii) The department shall adopt rules implementing this subsection.

(27) "Service credit year" means an accumulation of months of service credit which is equal to one when divided by twelve.

(28) "Service credit month" means a full service credit month or an accumulation of partial service credit months that are equal to one.

(29) "Teacher" means any person qualified to teach who is engaged by a public school in an instructional, administrative, or supervisory capacity. The term includes state, educational service district, and school district superintendents and their assistants and all employees certificated by the superintendent of public instruction; and in addition thereto any full time school doctor who is employed by a public school and renders service of an instructional or educational nature.

(30) "Average final compensation" for plan 2 and plan 3 members, means the member's average earnable compensation of the highest consecutive sixty service credit months prior to such member's retirement, termination, or death. Periods constituting authorized leaves of absence may not be used in the calculation of average final compensation except under RCW 41.32.810(2).

(31) "Retiree" means any person who has begun accruing a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member.

(32) "Department" means the department of retirement systems created in chapter 41.50 RCW.

(33) "Director" means the director of the department.

(34) "State elective position" means any position held by any person elected or appointed to state‑wide office or elected or appointed as a member of the legislature.

(35) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010(2).

(36) "Substitute teacher" means:

(a) A teacher who is hired by an employer to work as a temporary teacher, except for teachers who are annual contract employees of an employer and are guaranteed a minimum number of hours; or

(b) Teachers who either (i) work in ineligible positions for more than one employer or (ii) work in an ineligible position or positions together with an eligible position.

(37)(a) "Eligible position" for plan 2 members from June 7, 1990, through September 1, 1991, means a position which normally requires two or more uninterrupted months of creditable service during September through August of the following year.

(b) "Eligible position" for plan 2 and plan 3 on and after September 1, 1991, means a position that, as defined by the employer, normally requires five or more months of at least seventy hours of earnable compensation during September through August of the following year.

(c) For purposes of this chapter an employer shall not define "position" in such a manner that an employee's monthly work for that employer is divided into more than one position.

(d) The elected position of the superintendent of public instruction is an eligible position.

(38) "Plan 1" means the teachers' retirement system, plan 1 providing the benefits and funding provisions covering persons who first became members of the system prior to October 1, 1977.

(39) "Plan 2" means the teachers' retirement system, plan 2 providing the benefits and funding provisions covering persons who first became members of the system on and after October 1, 1977, and prior to July 1, 1996.

(40) "Plan 3" means the teachers' retirement system, plan 3 providing the benefits and funding provisions covering persons who first become members of the system on and after July 1, 1996, or who transfer under RCW 41.32.817.

(41) "Index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items compiled by the bureau of labor statistics, United States department of labor.

(42) "Index A" means the index for the year prior to the determination of a postretirement adjustment.

(43) "Index B" means the index for the year prior to index A.

(44) "Index year" means the earliest calendar year in which the index is more than sixty percent of index A.

(45) "Adjustment ratio" means the value of index A divided by index B.

(46) "Annual increase" means, initially, fifty-nine cents per month per year of service which amount shall be increased each July 1st by three percent, rounded to the nearest cent.

(47) "Member account" or "member's account" for purposes of plan 3 means the sum of the contributions and earnings on behalf of the member in the defined contribution portion of plan 3.

(48) "Separation from service or employment" occurs when a person has terminated all employment with an employer.

(49) "Employed" or "employee" means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. The department shall adopt rules and interpret this subsection consistent with common law.

NEW SECTION. Sec. 7. Sections 2 through 5 of this act are each added to chapter 28A.405 RCW.

NEW SECTION. Sec. 8. Sections 1 through 5 of this act expire June 30, 2007.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.