Connecticut Seal

General Assembly

Amendment

 

January Session, 2011

LCO No. 7992

   
 

*HB0649807992HDO*

Offered by:

 

REP. FLEISCHMANN, 18th Dist.

SEN. STILLMAN, 20th Dist.

REP. GIULIANO, 23rd Dist.

SEN. BOUCHER, 26th Dist.

 

To: Subst. House Bill No. 6498

File No. 344

Cal. No. 215

Strike lines 63 to 67, inclusive, and insert the following in lieu thereof:

"(j) For the school year commencing July 1, 2012, and each school year thereafter, [a] each local [or] and regional board of education shall [collect information] create a student success plan for each student enrolled in a public school, beginning in grade six. [, that records students'] Such student success plan shall include a student's career and academic choices in grades six to twelve, inclusive. "

Strike section 3 in its entirety and insert the following in lieu thereof:

"Sec. 3. Section 10-5d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the fiscal years ending June 30, [2013, to] 2012, and June 30, [2018] 2013, inclusive, the Department of Education shall, within available appropriations, provide [grants to] technical assistance to any local [and] or regional [school districts to begin] board of education that begins implementation of the provisions of subsections (c) and (d) of section 10-221a, as amended by this act.

(b) On or before November 1, [2012] 2013, and biennially thereafter, each local or regional board of education [seeking grant] receiving technical assistance from the department pursuant to subsection (a) of this section shall report to the department on the status of the school district's implementation of the provisions of subsections (c) and (d) of section 10-221a, [and an explanation for the reasons why funds are necessary for the next biennium to implement the provisions of subsections (c) and (d) of said section 10-221a] as amended by this act.

(c) On or before February 1, [2013] 2014, and biennially thereafter, the department shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the status of implementation of the provisions of subsections (c) and (d) of section 10-221a, as amended by this act, by local and regional boards of education in the state. Such report shall include, (1) an explanation of any existing state and federal funds currently available to assist in such implementation, (2) recommendations regarding the appropriation of additional state funds to support local and regional boards of education in the implementation of subsections (c) and (d) of said section 10-221a, and (3) recommendations for any statutory changes that would facilitate implementation of subsections (c) and (d) of said section 10-221a by local and regional boards of education. "

Strike section 5 in its entirety and insert the following in lieu thereof:

"Sec. 5. Subsection (g) of section 10-223e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) (1) (A) [On] Except as provided in subparagraph (C) of this subdivision, on and after July 1, 2010, the local or regional board of education for a school that has been identified as in need of improvement pursuant to subsection (a) of this section may establish, in accordance with the provisions of this subsection, a school governance council for each school so identified.

(B) [On] Except as provided in subparagraph (C) of this subdivision, on and after July 1, 2010, the local or regional board of education for a school that has been designated as a low achieving school, pursuant to subdivision (1) of subsection (c) of this section, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level shall establish, in accordance with the provisions of this subsection, a school governance council for each school so designated.

(C) The provisions of subparagraphs (A) and (B) of this subdivision shall not apply to a school described in said subparagraphs if (i) such school consists of a single grade level, or (ii) such school is under the jurisdiction of a local or regional board of education that has adopted a similar school governance council model on or before July 1, 2011, that consists of parents, teachers from each grade level or subject area, administrators and paraprofessionals and such school governance council model is being administered at such school at the time such school is so identified as in need of improvement or so designated as a low achieving school.

(2) (A) The school governance council for high schools shall consist of (i) seven members who shall be parents or guardians of students attending the school, (ii) two members who shall be community leaders within the school district, (iii) five members who shall be teachers at the school, (iv) one nonvoting member who is the principal of the school, or his or her designee, and (v) two nonvoting student members who shall be students at the school. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school. The nonvoting student members shall be elected by the student body of the school.

(B) The school governance council for elementary and middle schools shall consist of (i) seven members who shall be parents or guardians of students attending the school, (ii) two members who shall be community leaders within the school district, (iii) five members who shall be teachers at the school, and (iv) one nonvoting member who is the principal of the school, or his or her designee. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school.

(C) Terms of voting members elected pursuant to this subdivision shall be for two years and no members shall serve more than two terms on the council. The nonvoting student members shall serve one year and no student member shall serve more than two terms on the council.

(D) (i) [Schools] Except for those schools described in subparagraph (C) of subdivision (1) of this subsection, schools that have been designated as a low achieving school pursuant to subdivision (1) of subsection (c) of this section due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, and are among the lowest five per cent of schools in the state based on achievement shall establish a school governance council for the school not later than January 15, 2011.

(ii) [Schools] Except for those schools described in subparagraph (C) of subdivision (1) of this subsection, schools that have been designated as a low achieving school, pursuant to subdivision (1) of subsection (c) of this section, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, but are not among the lowest five per cent of schools in the state based on achievement, shall establish a school governance council for the school not later than November 1, 2011.

(3) The school governance council shall have the following responsibilities: (A) Analyzing school achievement data and school needs relative to the improvement plan for the school prepared pursuant to this section; (B) reviewing the fiscal objectives of the draft budget for the school and providing advice to the principal of the school before such school's budget is submitted to the superintendent of schools for the district; (C) participating in the hiring process of the school principal or other administrators of the school by conducting interviews of candidates and reporting on such interviews to the superintendent of schools for the school district and the local and regional board of education; (D) assisting the principal of the school in making programmatic and operational changes for improving the school's achievement, including program changes, adjusting school hours and days of operation, and enrollment goals for the school; (E) working with the school administration to develop and approve a school compact for parents, legal guardians and students that includes an outline of the criteria and responsibilities for enrollment and school membership consistent with the school's goals and academic focus, and the ways that parents and school personnel can build a partnership to improve student learning; (F) developing and approving a written parent involvement policy that outlines the role of parents and legal guardians in the school; (G) utilizing records relating to information about parents and guardians of students maintained by the local or regional board of education for the sole purpose of the election described in subdivision (2) of this subsection. Such information shall be confidential and shall only be disclosed as provided in this subparagraph and shall not be further disclosed; and (H) if the council determines it necessary and subject to the provisions of subdivision [(9)] (8) of this subsection recommending reconstitution of the school in accordance with the provisions of subdivision (6) of this subsection.

(4) The school governance council or a similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section may: (A) In those schools that require an improvement plan, review the annual draft report detailing the goals set forth in the state accountability plan prepared in accordance with subsection (a) of this section and provide advice to the principal of the school prior to submission of the report to the superintendent of schools; (B) in those schools where an improvement plan becomes required pursuant to subsection (a) of this section, assist the principal of the school in developing such plan prior to its submission to the superintendent of schools; (C) work with the principal of the school to develop, conduct and report the results of an annual survey of parents, guardians and teachers on issues related to the school climate and conditions; and (D) provide advice on any other major policy matters affecting the school to the principal of the school, except on any matters relating to provisions of any collective bargaining agreement between the exclusive bargaining unit for teachers pursuant to section 10-153b and local or regional boards of education.

(5) The local or regional board of education shall provide appropriate training and instruction to members of the school governance council or a similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section to aid them in the execution of their duties.

(6) (A) The school governance council or a similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been designated as a law achieving school, pursuant to subdivision (1) of subsection (c) of this section may, by an affirmative vote of the council, recommend the reconstitution of the school into one of the following models: (i) The turnaround model, as described in the Federal Register of December 10, 2009; (ii) the restart model, as described in the Federal Register of December 10, 2009; (iii) the transformation model, as described in the Federal Register of December 10, 2009; (iv) any other model that may be developed by federal law; (v) a CommPACT school, pursuant to section 10-74g; or (vi) an innovation school, pursuant to section 10-74h. Not later than ten days after the school governance council informs the local or regional board of education of its recommendation for the school, such board shall hold a public hearing to discuss such vote of the school governance council and shall, at the next regularly scheduled meeting of such board or ten days after such public hearing, whichever is later, conduct a vote to accept the model recommended by the school governance council, select an alternative model described in this subdivision or maintain the current school status. If the board selects an alternative model, the board shall meet with such school governance council to discuss an agreement on which alternative to adopt not later than ten days after such vote of the board. If no such agreement can be achieved, not later than forty-five days after the last such meeting between the board and the school governance council, the Commissioner of Education shall decide which of the alternatives to implement. If the board votes to maintain the current school status, not later than forty-five days after such vote of the board, the Commissioner of Education shall decide whether to implement the model recommended by the school governance council or to maintain the current school status. If the final decision pursuant to this subdivision is adoption of a model, the local or regional board of education shall implement such model during the subsequent school year in conformance with the general statutes and applicable regulations, and the provisions specified in federal regulations and guidelines for schools subject to restructuring pursuant to Section 1116(b)(8) of the No Child Left Behind Act, P. L. 107-110 or any other applicable federal laws or regulations.

(B) Any school governance council for a school or any similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section may recommend reconstitution, pursuant to subparagraph (H) of subdivision (3) of this subsection, during the third year after such school governance council or such similar school governance council model was established if the school for such governance council has not reconstituted as a result of receiving a school improvement grant pursuant to Section 1003(g) of Title I of the Elementary and Secondary Education Act, 20 USC 6301 et seq. , or such reconstitution was initiated by a source other than the school governance council.

(7) A school governance council or any similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section shall be considered a component of parental involvement for purposes of federal funding pursuant to Section 1118 of the No Child Left Behind Act, P. L. 107-110.

[(8) The Commissioner of Education shall evaluate the school governance councils established on or before January 15, 2011, based on the criteria described in subsection (a) of section 10-4s. On or before October 1, 2014, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the evaluation conducted pursuant to this subdivision. Such report shall also include recommendations whether to continue to allow school governance councils to recommend reconstitution pursuant to this subsection. ]

[(9)] (8) The [department] Department of Education shall allow not more than twenty-five schools per school year to reconstitute pursuant to this subsection. The department shall notify school districts and school governance councils when this limit has been reached. For purposes of this subdivision, a reconstitution shall be counted towards this limit upon receipt by the department of notification of a final decision regarding reconstitution by the local or regional board of education. "

Strike section 7 in its entirety and renumber the remaining sections and internal references accordingly

In line 399, after "Superintendents," insert "the Connecticut Association of Schools,"

In line 402, after "(3)" insert "two"

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 10-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) The superintendent of each local or regional board of education shall continuously evaluate or cause to be evaluated each teacher, in accordance with guidelines established by the State Board of Education, pursuant to subsection (c) of this section, [for the development of evaluation programs] and such other guidelines as may be established by mutual agreement between the local or regional board of education and the teachers' representative chosen pursuant to section 10-153b. [, continuously evaluate or cause to be evaluated each teacher. ] An evaluation pursuant to this subsection shall include, but need not be limited to, strengths, areas needing improvement, strategies for improvement and multiple indicators of student academic growth. Claims of failure to follow the established procedures of such evaluation programs shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004. The superintendent shall report the status of teacher evaluations to the local or regional board of education on or before June first of each year. For purposes of this section, the term "teacher" shall include each professional employee of a board of education, below the rank of superintendent, who holds a certificate or permit issued by the State Board of Education.

(b) Each local and regional board of education shall develop and implement teacher evaluation programs consistent with guidelines established by the State Board of Education, pursuant to subsection (c) of this section, and consistent with the plan developed in accordance with the provisions of subsection (b) of section 10-220a.

(c) On or before July 1, [2013] 2012, the State Board of Education shall adopt, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d, guidelines for a model teacher evaluation program. Such guidelines shall provide guidance on the use of multiple indicators of student academic growth in teacher evaluations. Such guidelines shall include, but not be limited to: (1) Methods for assessing student academic growth; (2) a consideration of control factors tracked by the state-wide public school information system, pursuant to subsection (c) of section 10-10a, that may influence teacher performance ratings, including, but not limited to, student characteristics, student attendance and student mobility; and (3) minimum requirements for teacher evaluation instruments and procedures.

Sec. 502. Subsection (a) of section 10-151 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) For the purposes of this section:

(1) [The term "board] "Board of education" [shall mean] means a local or regional board of education, a cooperative arrangement committee established pursuant to section 10-158a, or the board of trustees of an incorporated or endowed high school or academy approved pursuant to section 10-34, which is located in this state;

(2) [The term "teacher" shall include] "Teacher" includes each certified professional employee below the rank of superintendent employed by a board of education for at least ninety days in a position requiring a certificate issued by the State Board of Education;

(3) [The term "continuous] "Continuous employment" means that time during which the teacher is employed without any break in employment as a teacher for the same board of education;

(4) [The term "full-time] "Full-time employment" means a teacher's employment in a position at a salary rate of fifty per cent or more of the salary rate of such teacher in such position if such position were full-time;

(5) [The term "part-time] "Part-time employment" means a teacher's employment in a position at a salary rate of less than fifty per cent of the salary rate of such teacher in such position, if such position were full-time;

(6) [The term "tenure"] "Tenure" means:

(A) The completion of thirty school months of full-time continuous employment for the same board of education for teachers initially hired prior to July 1, 1996; and forty such school months for teachers initially hired on or after said date provided the superintendent offers the teacher a contract to return for the following school year. For purposes of calculating continuous employment towards tenure, the following shall apply: (i) For a teacher who has not attained tenure, two school months of part-time continuous employment by such teacher shall equal one school month of full-time continuous employment except, for a teacher employed in a part-time position at a salary rate of less than twenty-five per cent of the salary rate of a teacher in such position, if such position were full-time, three school months of part-time continuous employment shall equal one school month of full-time continuous employment; (ii) a teacher who has not attained tenure shall not count layoff time towards tenure, except that if such teacher is reemployed by the same board of education within five calendar years of the layoff, such teacher may count the previous continuous employment immediately prior to the layoff towards tenure; [and] (iii) a teacher who has not attained tenure shall not count authorized leave time towards tenure if such time exceeds ninety student school days in any one school year, provided only the student school days worked that year by such teacher shall count towards tenure and shall be computed on the basis of eighteen student school days or the greater fraction thereof equaling one school month; and (iv) for a teacher who has not attained tenure and who is employed by a local or regional board of education that enters into a cooperative arrangement pursuant to section 10-158a, such teacher may count the previous continuous employment with such board immediately prior to such cooperative arrangement towards tenure.

(B) For a teacher who has attained tenure prior to layoff, tenure shall resume if such teacher is reemployed by the same board of education within five calendar years of the layoff.

(C) Except as provided in subparagraphs (B), [and] (D) and (E) of this subdivision, any teacher who has attained tenure with any one board of education and whose employment with such board ends for any reason and who is reemployed by such board or is subsequently employed by any other board, shall attain tenure after completion of twenty school months of continuous employment. The provisions of this subparagraph shall not apply if, (i) prior to completion of the twentieth school month following commencement of employment by such board, such teacher has been notified in writing that his or her contract will not be renewed for the following school year, or (ii) for a period of five or more calendar years immediately prior to such subsequent employment, such teacher has not been employed by any board of education.

(D) Any certified teacher or administrator employed by a local or regional board of education for a school district identified as a priority school district pursuant to section 10-266p may attain tenure after ten months of employment in such priority school district, if such certified teacher or administrator previously attained tenure with another local or regional board of education in this state or another state.

(E) For a teacher who has attained tenure and is employed by a local or regional board of education that enters into a cooperative arrangement pursuant to section 10-158a, such teacher shall not experience a break in continuous employment for purposes of tenure as a result of such cooperative arrangement.

(7) [The term "school] "School month" means any calendar month other than July or August in which a teacher is employed as a teacher at least one-half of the student school days. "