View
217
Download
0
Category
Preview:
Citation preview
7/25/2019 Copy of latest draft
1/26
Page 1
173242-1 : n : 01/28/2016 : KMS / th LRS2016-2951
2
3
4
5
6
7
SYNOPSIS: Under existing law, the Students First Act8
of 2011 provides a process for public K-12 school9
teachers to attain tenure.10
This bill would create the Rewarding11
Advancement in Instruction and Student Excellence12
(RAISE) Act of 2016.13
This bill would provide a procedure for14
observing and evaluating teachers, principals, and15
assistant principals on performance and student16
achievement.17
This bill would make an appropriation of18
$10,000,000 from the Education Trust Fund to the19
Legislative School Performance Recognition Program,20
for the fiscal year ending September 30, 2017, to21
fund rewards earned by schools pursuant to that22
program.23
This bill would increase the number of years24
of service required to attain tenured status25
pursuant to the Students First Act of 2011, as26
amended by this act, under the same governing board27
from three to five consecutive years with three28
consecutive ratings of satisfies expectations,29
7/25/2019 Copy of latest draft
2/26
Page 2
exceeds expectations, or significantly exceeds1
expectations pursuant to this act.2
This bill would authorize a governing board3
to revoke the tenure of any teacher who receives4
one or more ratings of below expectations or5
significantly below expectations pursuant to this6
act.7
This bill would establish the Alabama8
Teacher Recruitment Fund and would make an9
appropriation of $5,000,000 from the Education10
Trust Fund to the Alabama Teacher Recruitment Fund11
for the fiscal year ending September 30, 2017.12
This bill would also establish the Alabama13
Teacher Mentor Program, to provide continuity in14
the improvement and growth of new teachers, and15
would make an appropriation of $3,000,000 from the16
Education Trust Fund to the Alabama Teacher Mentor17
Program for the fiscal year ending September 30,18
2017.19
Amendment 621 of the Constitution of Alabama20
of 1901, now appearing as Section 111.05 of the21
Official Recompilation of the Constitution of22
Alabama of 1901, as amended, prohibits a general23
law whose purpose or effect would be to require a24
new or increased expenditure of local funds from25
becoming effective with regard to a local26
governmental entity without enactment by a 2/3 vote27
unless: it comes within one of a number of28
specified exceptions; it is approved by the29
7/25/2019 Copy of latest draft
3/26
Page 3
affected entity; or the Legislature appropriates1
funds, or provides a local source of revenue, to2
the entity for the purpose.3
The purpose or effect of this bill would be4
to require a new or increased expenditure of local5
funds within the meaning of the amendment. However,6
the bill does not require approval of a local7
governmental entity or enactment by a 2/3 vote to8
become effective because it comes within one of the9
specified exceptions contained in the amendment.10
11
A BILL12
TO BE ENTITLED13
AN ACT14
15
Relating to public education; to create the16
Rewarding Advancement in Instruction and Student Excellence17
(RAISE) Act of 2016; to provide a procedure for observing and18
evaluating teachers, principals, and assistant principals on19
performance and student achievement; to make an appropriation20
of $10,000,000 from the Education Trust Fund to the21
Legislative School Performance Recognition Program, for the22
fiscal year ending September 30, 2017, to fund rewards earned23
by schools pursuant to that program; to amend Section 16-24C-24
4, Code of Alabama 1975, to increase the number of years of25
service required to attain tenured status pursuant to the26
Students First Act of 2011, from three to five consecutive27
years with three consecutive ratings of satisfies28
expectations, exceeds expectations, or significantly exceeds29
7/25/2019 Copy of latest draft
4/26
Page 4
expectations; to authorize a governing board to revoke the1
tenure of any teacher who receives one or more ratings of2
below expectations or significantly below expectations; to3
establish the Alabama Teacher Recruitment Fund; to make an4
appropriation of $5,000,000 from the Education Trust Fund to5
the Alabama Teacher Recruitment Fund, for the fiscal year6
ending September 30, 2017; to establish the Alabama Teacher7
Mentor Program; to make an appropriation of $3,000,000 from8
the Education Trust Fund to the Alabama Teacher Mentor Program9
for the fiscal year ending September 30, 2017; and in10
connection therewith to have as its purpose or effect the11
requirement of a new or increased expenditure of local funds12
within the meaning of Amendment 621 of the Constitution of13
Alabama of 1901, now appearing as Section 111.05 of the14
Official Recompilation of the Constitution of Alabama of 1901,15
as amended.16
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:17
Section 1. Sections 1 to 12, inclusive, of this act18
shall be known and may be cited as the Rewarding Advancement19
in Instruction and Student Excellence (RAISE) Act of 2016.20
Section 2. For the purposes of this act, the21
following terms shall have the following meanings:22
(1) BELOW EXPECTATIONS. A teacher who has received a23
summative performance evaluation rating that falls within the24
second lowest tier of the evaluation system of the employer.25
(2) CHIEF EXECUTIVE OFFICER. The chief26
administrative and executive officer of an entity,27
institution, agency, or political subdivision of the state28
that is subject to this act and includes, without limitation,29
7/25/2019 Copy of latest draft
5/26
Page 5
superintendents of city or county boards of education. The1
term includes persons serving in such a capacity on an acting2
or interim basis under lawful appointment or by operation of3
law.4
(3) DEPARTMENT. The State Department of Education.5
(4) EMPLOYEE. Unless otherwise specified, and as6
appropriate to the context, the term includes a teacher whose7
employment is subject to this act.8
(5) EMPLOYER. The entity, institution, agency, or9
political subdivision of the state by which a teacher who is10
subject to this act is employed. Employers subject to this act11
include all city and county boards of education, all12
educational institutions under the control of the Department13
of Youth Services, and the Alabama Institute for Deaf and14
Blind.15
(6) EXCEEDS EXPECTATIONS. A teacher who has received16
a summative performance evaluation rating that falls within17
the second highest tier of the evaluation system of the18
employer.19
(7) GOVERNING BOARD. The body of elected or20
appointed officials that is granted authority by law,21
regulation, or policy to make employment decisions on behalf22
of the employer. If final decision-making authority with23
respect to employment decisions is conferred by law,24
regulation, or duly adopted policy on an official,25
administrator, or organizational unit other than a separate26
governing board, the decision or action of such official,27
administrator, or organizational unit, is that of the28
governing board for purposes of this act, and no additional29
7/25/2019 Copy of latest draft
6/26
Page 6
approval of such decision or action shall be required. Under1
such circumstances, the official administrator, president, or2
organizational unit shall assume and exercise the duties of3
the governing board established by this act. For purposes of4
this act, the State Board of Education shall not be deemed to5
be or authorized to function as the employer or the governing6
board of an employer covered by this act.7
(8) PROFESSIONAL EDUCATOR'S CERTIFICATE. A8
certificate or license, by whatever name, designation, or9
subclassification known or identified, issued by the State10
Department of Education, and that must be maintained by the11
teacher in order to be employed as a teacher in the county and12
city schools of this state. A professional educator's13
certificate does not include certificates or licenses that are14
issued to instructional aides or assistants, to substitute15
teachers, or to operations staff, or other employees whose job16
duties do not require or entail the instruction of students or17
the regular supervision of or interaction with employees with18
such job duties.19
(9) SATISFIES EXPECTATIONS. A teacher who has20
received a summative performance evaluation rating that falls21
within the middle tier of the evaluation system of the22
employer.23
(10) SCHOOL YEAR. The period beginning with the24
first day of the annual school term and ending with the last25
day of the annual school term on which classroom instructors26
are required to report for duty, as established by the27
governing board.28
7/25/2019 Copy of latest draft
7/26
Page 7
(11) SIGNIFICANTLY BELOW EXPECTATIONS. A teacher who1
has received a summative performance evaluation rating that2
falls within the lowest tier of the evaluation system of the3
employer.4
(12) SIGNIFICANTLY EXCEEDS EXPECTATIONS. A teacher5
who has received a summative performance evaluation rating6
that falls within the highest or top tier of the evaluation7
system of the employer.8
(13) STUDENT ACHIEVEMENT GROWTH. The change in9
achievement for an individual student between two or more10
points in time, based on standards-based measures that are11
valid, rigorous, and comparable across classrooms of similar12
content, levels, and status as a state assessed or nonstate13
assessed subject.14
(14) STUDENT GROWTH MODEL. A statistical growth15
model used to isolate the effect and impact of a teacher on16
student learning, controlling for preexisting characteristics17
of a student including, but not limited to, prior achievement.18
(15) SUPPORT PERSONNEL. Janitors or custodians, bus19
drivers, lunchroom or cafeteria workers, secretaries, clerks,20
clerical assistants, maintenance workers, or other21
noncertificated employees.22
(16) TEACHER. All employees of entities that are23
covered by this act who are required by law, regulation, or24
employer policy to maintain a professional educator's25
certificate issued by the State Department of Education and26
who are employed by a city or county board of education, the27
Alabama Institute for Deaf and Blind, or educational and28
correctional institutions under the control of the Department29
7/25/2019 Copy of latest draft
8/26
Page 8
of Youth Services. The term also includes principals who had1
attained tenure under prior law, contract principals, and2
assistant principals under subsection (h) of Section 16-24B-3,3
Code of Alabama 1975. The term also includes Teach for4
America, and other alternatively certified teachers, but does5
not include a substitute teacher, an employer's chief6
executive officer, or chief school financial officer, whether7
or not certification is required for those positions by law or8
policy. If a contract principal holds a contract on the9
effective date of this act that does not allow for an annual10
evaluation, the contract principal may not be subject to an11
annual evaluation until he or she enters into a new contract.12
All principal contracts executed after the effective date of13
this act shall include an annual evaluation requirement based14
on this act.15
(17) TENURE. Continuing service status granted to16
teachers under the Students First Act of 2011 and the Students17
First Act of 2011, as amended by this act.18
Section 3. (a) Beginning with the 2017-2018 school19
year, every teacher employed by a governing board shall be20
formally evaluated annually pursuant to this act.21
(b) The department, by rule, shall develop a model22
evaluation system for use by governing boards in evaluating23
the effectiveness of teachers and teachers serving as24
principals or assistant principals. A governing board may25
elect to use the evaluation system developed by the department26
or may develop and use a local evaluation system developed by27
the governing board pursuant to parameters established by the28
department in the model evaluation system. A local evaluation29
7/25/2019 Copy of latest draft
9/26
Page 9
system as developed by a governing board shall be approved by1
the department before use by the governing board. Until2
approval is obtained, a governing board shall utilize the3
model evaluation system developed by the department.4
Section 4. (a) The model evaluation system developed5
by the department pursuant to this act shall define the6
elements of evaluation and standards for effectiveness for7
teachers providing classroom instruction at the K-12 level.8
(b) At a minimum, an evaluation system shall require9
annual evaluations that contain all of the following:10
(1) At least two observations per school year. One11
observation shall be conducted by the school principal,12
assistant principal, or his or her designee. An observation13
shall be aligned to a clear, consistent rubric provided to the14
teacher before the beginning of the school year that assesses15
teacher performance as it relates to evidence-based16
instructional practices that promote student achievement. An17
observation may be announced or unannounced, and shall be of18
sufficient duration to provide meaningful data. At least one19
observation shall last the duration of one complete classroom20
lesson. All observations shall be conducted by evaluators who21
have a full understanding of the evaluation system and its22
expectations for teachers and evaluators. No person shall be23
responsible for the evaluation of personnel unless the person24
has received education and training in evaluation skills25
approved by the department that enable him or her to make26
fair, professional, and credible evaluations of the personnel27
whom he or she is responsible for evaluating. Classroom28
7/25/2019 Copy of latest draft
10/26
Page 10
observations shall comprise from 20 to 40 percent of the total1
year-end teacher evaluation score.2
(2) A measure of student achievement growth as3
follows:4
a.1. For teachers of any state assessed subject5
areas, evidence of student achievement growth using a student6
growth model as determined by the department for grade levels7
and subjects for which student state assessment data is8
available. For purposes of calculating the student growth9
model, the department shall use student performance on the ACT10
Aspire examination, American College Test (ACT), or other11
examination approved by the department that measures student12
achievement, if applicable, or a successor examination adopted13
and used by the department to measure student academic14
performance and achievement.15
2. The department shall work in conjunction with a16
third party vendor, selected by the department pursuant to a17
request for proposal process established by rule of the18
department, that specializes in the development and19
implementation of student growth models for purposes of20
complying with this section.21
3. The department may include additional22
examinations as evidence of student achievement growth23
provided that the data from those examinations is compatible24
with the student growth model selected by the department.25
4. Based on the availability of individual student26
achievement growth data, from 35 to 50 percent of year-end27
teacher evaluation scores shall be based on evidence of28
7/25/2019 Copy of latest draft
11/26
Page 11
student achievement growth as measured by the student growth1
model as defined in this section.2
b. For teachers of any nonstate assessed subject3
areas, evidence of student achievement growth shall be based4
on any number of measures from the department developed list5
of preapproved options for governing boards to utilize to6
measure student achievement growth. Based on the availability7
of individual student achievement growth data, from 35 to 508
percent of year-end teacher evaluation scores shall be based9
on evidence of student achievement growth as defined in this10
paragraph.11
c. The measure of student achievement growth shall12
be based on at least three years of student performance data,13
if available. If student growth and assessment data are not14
available for a teacher for at least three consecutive school15
years, the annual year-end evaluation shall be based on all16
student growth and assessment data available for the teacher.17
(3) Student surveys. In grades three to 12,18
inclusive, five to 10 percent of the total year-end teacher19
evaluation score shall be comprised of student surveys.20
(4) Additional measures of performance correlated21
with impacts on student achievement results or, for a teacher22
in the first two years of his or her career, best practices of23
teaching and learning for engaging and motivating students to24
excel academically. Additional measures of performance shall25
comprise the remaining percentage of total year-end teacher26
evaluation scores.27
(5) Methods of feedback from evaluators during a28
post-observation conference that allow a teacher meaningful29
7/25/2019 Copy of latest draft
12/26
Page 12
opportunity to improve his or her effectiveness and receive1
recommendations on targeted professional development, as2
needed.3
(c) Individual schools demonstrating incremental4
student growth shall be eligible to participate in a rewards5
to school initiative, with funds appropriated by the6
Legislature going to the schools according to rules adopted by7
the department. The rewards program shall utilize the8
Legislative School Performance Recognition Program established9
in Chapter 6C of Title 16 of the Code of Alabama 1975. The sum10
of ten million dollars ($10,000,000) is appropriated from the11
Education Trust Fund to the State Department of Education, for12
the purpose of funding the required rewards, for the fiscal13
year ending September 30, 2017.14
Section 5. (a) The model evaluation system for15
teachers serving as principals or assistant principals16
developed by the department pursuant to this act shall define17
the elements of evaluation and standards for effectiveness for18
teachers serving as principals or assistant principals at the19
K-12 level.20
(b) At a minimum, an evaluation system shall require21
annual evaluations that contain all of the following elements:22
(1) Multiple fair, transparent, timely, rigorous,23
and valid standards of quality leadership and performance as24
determined by the department, including a professional growth25
plan developed by each principal or assistant principal26
collaborating with his or her evaluator or evaluators at the27
beginning of each evaluation period. The growth plan shall be28
designed to assist each principal or assistant principal in29
7/25/2019 Copy of latest draft
13/26
Page 13
satisfying the standards for effectiveness, effectively1
addressing the needs of students, classroom teachers, and2
staff, and building and maintaining a school environment that3
is conducive to continuous learning. Each growth plan shall4
include a statement of the professional development objectives5
of the principal or assistant principal as well as the6
strategies the principal or assistant principal intends to7
employ toward the achievement of each objective.8
a. These shall include, but not be limited to:9
1. Standards for demonstrating all of the following:10
(i) Strategic and managerial leadership,11
specifically as it relates to finance, space, and legal12
compliance.13
(ii) Instructional leadership.14
(iii) School culture and equity leadership.15
(iv) External leadership development related to16
family and community outreach.17
2. Achievement and academic growth for students18
enrolled in the applicable school.19
(2) Thirty-five to 50 percent of principal and20
assistant principal evaluations shall be based on evidence of21
growth in student achievement using a student growth model as22
determined by the department for grade levels and subjects for23
which student state assessment data is available.24
Section 6. (a) Teachers shall be given written25
notice at a pre-evaluation conference before the beginning of26
the school year or upon his or her employment, as applicable,27
of the measures and any specific indicators that may be used28
to evaluate his or her performance.29
7/25/2019 Copy of latest draft
14/26
Page 14
(b) Based upon his or her year-end evaluation1
scores, each teacher shall be rated annually on his or her2
effectiveness. The levels of effectiveness, as defined by rule3
of the department, are as follows:4
(1) Significantly below expectations.5
(2) Below expectations.6
(3) Satisfies expectations.7
(4) Exceeds expectations.8
(5) Significantly exceeds expectations.9
(c) Pending the promulgation of rules by the10
department defining each level of effectiveness, the11
applicable governing board may establish and implement12
temporary definitions for each level.13
Section 7. If the governing board determines that a14
reduction in force is necessary, the most significant factor15
in the decision to suspend or terminate the employment of a16
teacher shall be the overall performance of the teacher on the17
annual evaluation system adopted by the governing board18
pursuant to this act.19
Section 8. Before the beginning of the 2017-1820
school year, the department shall do all of the following:21
(1) Develop, implement, and publicly disseminate a22
statewide student growth model for determining student growth23
on assessments for purposes of teacher evaluations in order to24
standardize student academic growth measures and ensure25
teachers are measured according to the value they add to26
student growth in the classroom or school, for teachers27
serving as principals or assistant principals. The department28
shall work with the Alabama Longitudinal Data System Center29
7/25/2019 Copy of latest draft
15/26
Page 15
created by an act of the Legislature during the 2016 Regular1
Session. Nothing in this subdivision shall be construed to2
usurp or diminish the authority of the department in3
administering and implementing this act.4
(2) Provide technical assistance to governing boards5
in developing and implementing an evaluation system, including6
providing or helping to develop training for evaluators.7
(3) Develop, pursuant to this act, a model default8
evaluation system as follows:9
a. The default evaluation system shall be used by10
all governing boards, unless the department authorizes the11
local governing board to utilize a local evaluation system12
approved by the department pursuant to Section 3.13
b. A governing board that uses the state default14
evaluation system may revise or adapt policies or processes in15
the system to the extent consistent with this act and rules16
promulgated by the department.17
(4) Provide or approve evaluation forms to be used18
in evaluations.19
(5) Provide to the longitudinal data system links20
between individual teacher evaluations and personnel data;21
data on the number of teachers rated at each performance level22
by school; data for teacher preparation programs in the state;23
and achievement data for individual students. The department24
shall annually report this data on the department website.25
(6) Monitor evaluation systems established and26
implemented by governing boards to ensure that evaluation27
outcomes are consistent in the aggregate with student28
achievement results at the school level and school district29
7/25/2019 Copy of latest draft
16/26
Page 16
level, as applicable; and that the evaluation system satisfies1
the requirements of this act and rules promulgated by the2
department; and direct any appropriate corrective actions.3
Section 9. The governing board shall do all of the4
following:5
(1) Ensure that teachers and teachers serving as6
principals or assistant principals are offered professional7
development to continually improve instruction and student8
achievement. Professional development shall be targeted for9
the needs of each teacher pursuant to his or her evaluation10
results, observations, and conferences.11
(2) Use the default evaluation system for teachers12
unless the governing board opts out and develops its own13
evaluation system. A governing board may opt out of the14
default system, if the governing board chooses to develop its15
own system. If a governing board chooses to opt out, the16
evaluation system developed by the governing board shall17
continue to be subject to the percentage and definition18
requirements of this act and approval by the department.19
(3) Collect and publicly report data via its website20
on the number of teachers at each effectiveness level by21
school and school system. The governing board shall only22
publish data that complies, in whole and in part, with state23
and federal privacy laws.24
(4) Monitor evaluation system implementation at the25
school level to ensure that evaluation outcomes are consistent26
in the aggregate with student achievement results at the27
school level or school district level, as applicable; monitor28
that the evaluation system satisfies the requirements of this29
7/25/2019 Copy of latest draft
17/26
Page 17
act, whether or not the evaluation system utilized by the1
governing board is the opt out evaluation system or the2
default evaluation system; implement rules promulgated by the3
department; and direct any appropriate corrective action.4
Section 10. (a) Evaluation results shall also be5
used to provide high quality, job-embedded, and ongoing6
mentoring, support, and professional development for teachers,7
as appropriate, aligned to the needs of the teacher as8
identified in his or her annual evaluation.9
(b) Any teacher who receives a summative performance10
evaluation rating of below expectations or significantly below11
expectations for his or her annual evaluation shall be12
provided a professional development reimbursement for the year13
after the evaluation.14
(1) Each teacher shall pursue professional15
development that specifically aligns with the recommendations16
provided in his or her annual evaluation.17
(2) Each teacher who receives a summative18
performance evaluation rating of below expectations or19
significantly below expectations shall receive reimbursement20
from the governing board for the cost of the professional21
development, not to exceed five hundred dollars ($500).22
Reimbursement shall be provided by the department after the23
governing board certifies to the department evidence of24
successful completion of professional development by the25
teacher.26
Section 11. (a) On or before the beginning of each27
school year, the governing board shall distribute to each28
employee a summary of the Educators Liability Trust Fund, as29
7/25/2019 Copy of latest draft
18/26
Page 18
provided in Section 16-22-4.1, Code of Alabama 1975, and a1
summary of Section 36-1-12, Code of Alabama 1975, relating to2
teacher immunity.3
(b) The Department of Finance shall annually prepare4
and provide to the department, and the department shall5
distribute to each governing board, sufficient copies of the6
summary for distribution to employees. The summary shall7
include all of the following:8
(1) A statement that the Educators Liability Trust9
Fund provides sufficient coverage in the event a claim is made10
or a suit is filed against an employee based on the11
performance of his or her job duties.12
(2) A statement of the policy limits.13
(3) A statement relating to teacher immunity under14
Section 36-1-12, Code of Alabama 1975.15
(4) Any other information determined by the16
department to be necessary to inform employees of the purpose17
and benefits of the Educators Liability Trust Fund.18
Section 12. Nonprobationary status is not available19
for support personnel or a classified employee hired for the20
first time to a position in a school or school district after21
January 1, 2017.22
Section 13. Section 16-24C-4 of the Code of Alabama23
1975, is amended to read as follows:24
"16-24C-4.25
"(a) No action may be proposed or approved based26
upon personal or political reasons on the part of the27
employer, chief executive officer, or governing board. A28
7/25/2019 Copy of latest draft
19/26
Page 19
teacher shall attain tenure, and a classified employee shall1
attain nonprobationary status as follows:2
"(1)a. Except as otherwise provided by Section 16-3
23-3, a teacher who is hired before January 1, 2017, who is4
not an employee of a two-year educational institution operated5
under the authority and control of the Department of6
Postsecondary Education Alabama Community College System,7
shall attain tenure upon the completion of three complete,8
consecutive school years of full-time employment as a teacher9
with the same employer unless the governing board approves and10
issues written notice of termination to the teacher on or11
before the last day of the teacher's third consecutive,12
complete school year of employment. For purposes of this13
chapter, a probationary teacher whose employment or14
reemployment is effective prior to October 1 of the school15
year and who completes the school year shall be deemed to have16
served a complete school year. A teacher employed by a two-17
year educational institution operated under the authority and18
control of the Department of Postsecondary Education Alabama19
Community College System shall attain tenured status upon the20
completion of six consecutive semesters, excluding summer21
terms, at the same two-year institution, unless the president22
issues notice of termination to the teacher on or before 1523
days prior to the end of the sixth consecutive semester of24
employment, excluding summer terms. No probationary teacher25
employed by a two-year educational institution operated under26
the authority and control of the Department of Postsecondary27
Education Alabama Community College System shall attain tenure28
during or at the completion of a summer term. For teachers who29
7/25/2019 Copy of latest draft
20/26
Page 20
are required to hold a professional educator's certificate,1
time in service without such a certificate shall not be2
credited toward the attainment of tenure.3
"b. Except as otherwise provided by Section 16-23-3,4
a teacher who is hired on or after January 1, 2017, who is not5
an employee of a two-year educational institution operated6
under the authority and control of the Alabama Community7
College System, shall attain tenure upon the completion of8
five or more complete, consecutive school years of full-time9
employment as a teacher with the same employer if the teacher10
receives three consecutive ratings of satisfies expectations,11
exceeds expectations, or significantly exceeds expectations12
pursuant to the RAISE Act of 2016. Before tenure is attained,13
a governing board may approve and issue written notice of14
termination to the teacher on or before the last day of any15
school year of employment. Once attained, tenure shall be16
revoked by the governing board if a teacher receives two17
consecutive ratings of below expectations or significantly18
below expectations pursuant to the RAISE Act of 2016. In the19
event tenure is revoked, a teacher may again attain tenure20
upon earning three consecutive ratings of satisfies21
expectations, exceeds expectations, or significantly exceeds22
expectations pursuant to the RAISE Act of 2016.23
"c. For purposes of this chapter, a probationary24
teacher whose employment or reemployment is effective prior to25
October 1 of the school year and who completes the school year26
shall be deemed to have served a complete school year.27
"(2) A probationary classified employee who is not28
an employee of a two-year educational institution operated29
7/25/2019 Copy of latest draft
21/26
Page 21
under the authority and control of the Department of1
Postsecondary Education Alabama Community College System2
attains nonprobationary status upon the completion of three3
five complete, consecutive school years of full-time4
employment with the same employer unless the governing body of5
the employer approves and issues written notice of termination6
to the employee on or before the fifteenth day of June7
immediately following the employee's third fifth consecutive8
complete school year of employment. In the first year of each9
legislative quadrennium, the written notice shall be provided10
on or before June 30. For purposes of this chapter, a11
probationary classified employee whose employment or12
reemployment is effective prior to October 1 of the school13
year and who completes the school year shall be deemed to have14
served a complete school year. A probationary classified15
employee of a two-year educational institution operated under16
the authority and control of the Department of Postsecondary17
Education Alabama Community College System shall attain18
nonprobationary status upon the completion of 36 consecutive19
months of employment at the same two-year institution, unless20
the president issues notice of termination to the classified21
employee on or before 15 days prior to the end of the thirty-22
sixth month of employment.23
"(3) All of the following additional terms,24
conditions, and limitations apply to the attainment and25
retention of tenure or nonprobationary status:26
"a. Only complete school years of service as defined27
in this chapter, including any leave that is credited to the28
employee for such purposes under board policy or applicable29
7/25/2019 Copy of latest draft
22/26
Page 22
law, may be credited to the attainment of tenure or1
nonprobationary status.2
"b. Neither tenure nor nonprobationary status may be3
attained as a chief executive officer, a chief school4
financial officer, as a president or vice president of a two-5
year educational institution operated under the authority and6
control of the Department of Postsecondary Education Alabama7
Community College System, or in or by virtue of employment in8
temporary, part-time, substitute, summer school, occasional,9
seasonal, supplemental, irregular, or like forms of10
employment, or in positions that are created to serve11
experimental, pilot, temporary, or like special programs,12
projects, or purposes, the funding and duration of which are13
finite.14
"c. Except as expressly provided to the contrary15
elsewhere in this chapter, neither tenure nor nonprobationary16
status in this chapter creates or confers any enforceable17
right or protected interest in or to a specific position,18
rank, work site or location, assignment, title, or rate of19
compensation within those categories of employment.20
"d. Service performed as a teacher may not be21
converted to, recognized, or otherwise credited to the22
employee for the purpose of attaining nonprobationary status23
as a classified employee. Service performed in the capacity of24
a classified employee may not be converted to, recognized, or25
otherwise credited to the employee for the purpose of26
attaining tenure as a teacher, whether or not the classified27
employee holds a certificate issued by the State Department of28
Education.29
7/25/2019 Copy of latest draft
23/26
Page 23
"e. Neither tenured status nor time in probationary1
service shall be transferable from one employer subject to2
this chapter to another such employer, except that employees3
whose employer changes by virtue of annexation, school4
district formation, consolidation, or a similar reorganization5
over which the employee has no control shall retain tenure or6
nonprobationary status and service credit attained by virtue7
of employment with the predecessor employer."8
Section 14. (a) The Alabama Teacher Recruitment Fund9
is established.10
(b) A teacher who works in one of the following may11
be eligible for a bonus of not more than the equivalent of a12
one-step increase on the State Minimum Salary Schedule before13
the beginning of the next school year upon approval by the14
local employing board and the State Superintendent of15
Education:16
(1) A failing school that is included in the bottom17
six percent of failing schools as defined by the Alabama18
Accountability Act of 2013.19
(2) A school that has 80 percent or more of the20
student population of the school receiving free or reduced21
lunch.22
(3) A school that is in restructuring or23
reconstitution status, as determined and reported by the State24
Department of Education.25
(4) A school or school system that is geographically26
unable to provide adequate staff, based on documentation27
provided by the governing board to the State Superintendent of28
Education.29
7/25/2019 Copy of latest draft
24/26
Page 24
(c) The bonus may be provided if the teacher1
satisfies any of the following:2
(1) Teaches a subject that is in critical shortage3
as defined by the local school system and approval by the4
department.5
(2) Is a career technical or special education6
teacher and the job position or opening has been pending for7
longer than six months.8
(3) Is a new teacher or has received a minimum9
rating of satisfies expectations on his or her most recent10
evaluation pursuant to the RAISE Act of 2016.11
(d) If the teacher fills a position during the12
school year, the amount of the bonus shall be prorated based13
on the actual number of days worked during that school year.14
(e) By June 30 of each year, the State Department of15
Education shall submit a report to the Speaker of the House of16
Representatives, the President Pro Tempore of the Senate, the17
Chair of the House Ways and Means, Education Committee, and18
the Chair of the Senate Finance and Taxation, Education19
Committee listing the schools, number of teachers per school,20
amount of each bonus, and the subject each teacher teaches21
utilizing the Alabama Teacher Recruitment Fund from the22
previous school year.23
(f) The State Superintendent of Education may24
decrease the amount of any bonus contingent on factors25
including, but not limited to, demand, number of schools26
requesting bonuses, and geographical distribution.27
(g) The sum of five million dollars ($5,000,000) is28
appropriated from the Education Trust Fund to the Alabama29
7/25/2019 Copy of latest draft
25/26
Page 25
Teacher Recruitment Fund, for the fiscal year ending September1
30, 2017. Any leftover funds shall revert to the Foundation2
Program.3
Section 15. (a) There is established the Alabama4
Teacher Mentor Program.5
(b) The purpose of the mentor program is to provide6
for the continuous improvement and growth of new teachers. The7
program, as developed by rule of the department, shall have8
all of the following:9
(1) Goals that reflect local needs and are aligned10
with the goals of the local school district and the state.11
(2) Clearly defined roles and responsibilities for12
mentor teachers.13
(3) The requirement of year-end reporting by the14
mentor teacher to the principal relating to the progress of15
the new teacher.16
(4) The requirement of at least two meetings per17
month of the mentor teacher and the first year teacher during18
the school year.19
(c) At the beginning of each school year, each20
teacher who is beginning his or her first year of teaching in21
the public schools of the state shall be assigned a mentor22
teacher.23
(d) A mentor teacher shall be identified and24
recommended by the school principal, should have at least 1025
years of teaching experience, and shall be compensated in an26
amount of no more than one thousand dollars ($1,000) for the27
year by the governing board for his or her services as a28
mentor. Any compensation provided a mentor teacher pursuant to29
7/25/2019 Copy of latest draft
26/26
this section shall be in accordance with all applicable local,1
state, and federal law.2
(e) The sum of three million dollars ($3,000,000) is3
appropriated from the Education Trust Fund to the Alabama4
Teacher Mentor Program, for the fiscal year ending September5
30, 2017. Any leftover funds shall revert to the Foundation6
Program.7
Section 16. Although this bill would have as its8
purpose or effect the requirement of a new or increased9
expenditure of local funds, the bill is excluded from further10
requirements and application under Amendment 621, now11
appearing as Section 111.05 of the Official Recompilation of12
the Constitution of Alabama of 1901, as amended, because the13
bill addresses compensation, benefits, or due process of an14
employee of a board of education.15
Section 17. This act shall become effective16
immediately following its passage and approval by the17
Governor, or its otherwise becoming law. 18
Recommended