"AN ACT CONCERNING THE DEVELOPMENT OF A MODEL TEACHER PERFORMANCE EVALUATION SYSTEM, AND TEACHER TENURE LAWS AND COOPERATIVE ARRANGEMENTS. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 10-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) The superintendent of each local or regional board of education shall [continuously] annually evaluate or cause to be evaluated each teacher who has not attained tenure and continually evaluate or cause to be evaluated each teacher who has attained tenure, in accordance with [guidelines established by the State Board of Education,] the local teacher performance evaluation plan, developed pursuant to subsection [(c)] (b) 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 local teacher performance evaluation [programs] plan shall be reported to the Commissioner of Education and subject to the grievance procedure in collective bargaining agreements. [negotiated subsequent to July 1, 2004. ] The superintendent shall report the status of teacher evaluations, including the frequency of evaluations and the number of teachers who have not been evaluated under the plan, to the Commissioner of Education and 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] (1) On or before July 1, 2012, each local and regional board of education and regional educational service center shall [develop and implement] adopt a local teacher performance evaluation [programs] plan developed by the committee described in subdivision (2) of this subsection and consistent with guidelines established by the State Board of Education, pursuant to [subsection (c) of this] section 2 of this act, and consistent with the local professional development plan developed in accordance with the provisions of subsection (b) of section 10-220a.

(2) Each local teacher performance evaluation plan shall be developed by a committee composed of an equal number of members representing the local or regional board of education or regional educational service center and certified teachers employed by the board of education or regional educational service center selected by the exclusive bargaining representative for certified employees chosen pursuant to section 10-153b. Such committee shall be composed of no fewer than four total members, but not more than twelve total members.

(3) Prior to the implementation of the local teacher performance evaluation plan, each local and regional board of education and regional educational service center shall conduct training programs for all teachers and administrators employed by the board of education or regional educational service center relating to the provisions of the local teacher performance evaluation plan adopted by the board or regional educational service center. Such training shall be completed by each teacher and administrator prior to an evaluation of a teacher or administrator under the local teacher performance evaluation plan.

(4) For the school year commencing July 1, 2012, and each school year thereafter, each local and regional board of education shall implement such local teacher performance evaluation plan.

[(c) On or before July 1, 2013, 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. 2. (NEW) (Effective July 1, 2011) (a) On or before January 1, 2012, the State Board of Education shall adopt, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d of the general statutes, guidelines for use by local and regional boards of education and regional educational service centers for the development of local teacher performance evaluation plans. Such guidelines shall provide guidance on the use of multiple indicators of student academic growth and development in teacher performance evaluations.

(b) The guidelines for local teacher performance evaluation plans shall include, but not be limited to: (1) Methods for assessing student academic growth and development; (2) methods for evaluating teacher performance that are based on educator knowledge and skill; (3) a consideration of control factors tracked by the state-wide public school information system, pursuant to subsection (c) of section 10-10a of the general statutes, that may influence teacher performance ratings, including, but not limited to, local conditions, student characteristics, student attendance and student mobility; (4) minimum requirements for teacher performance evaluation instruments and procedures; (5) provisions for the development and implementation of an ongoing training program to be offered by the local or regional board of education or regional educational service center for the school district to teachers who are employed by such school district and whose performance is being evaluated and to administrators who are employed by such school district and who are conducting the performance evaluations; (6) the provision of professional development for teachers and administrators based on individual or group needs that are identified through the performance evaluation process; (7) provisions for the creation of individual teacher improvement and remediation plans for teachers whose performance is found to be deficient. Such teacher improvement and remediation plans shall (A) identify resources, support and other strategies to address documented deficiencies for teachers whose performance is determined to be deficient, (B) be developed by the evaluating administrator, the teacher whose performance is found to be deficient and other persons deemed appropriate through a mutual agreement by a local or regional board of education or regional educational service center and the exclusive bargaining representative for certified employees chosen pursuant to section 10-153b of the general statutes, and in the context of the most recent performance evaluation for the teacher whose performance is determined to be deficient, (C) include, but not be limited to, (i) a description of the reasons that a teacher's performance has been found to be deficient, (ii) a plan on how to improve such teacher's deficient performance, (iii) an articulation of measures and indicators of success, timelines and support for such teacher and periodic reviews of such teachers, (iv) an adequate time period, not to exceed the equivalent of one school year from the date a determination of deficiency has been made for a teacher, to improve and remediate such teacher's performance, and (v) the provision of resources and support by the local or regional board of education or regional educational service center to such teacher during the improvement and remediation period; (8) summative assessments to be conducted at the end of the improvement and remediation period of each teacher whose performance is found to be deficient. (A) Such summative assessments shall include determinations by the evaluating administrator on whether the teacher whose performance has been found to be deficient has made progress towards achieving the standards and goals set forth in such teacher's improvement and remediation plan. (B) Such summative assessments may include observations from other persons deemed appropriate through an agreement by a local or regional board of education or regional educational service center and the exclusive bargaining representative for certified employees chosen pursuant to section 10-153b of the general statutes; and (9) a procedure for notifying any teacher whose performance has been found to be deficient and who fails to successfully complete an improvement and remediation plan that such teacher shall be subject to a termination proceeding in accordance with the provisions of section 10-151 of the general statutes, as amended by this act.

Sec. 3. (NEW) (Effective July 1, 2011) On or before January 1, 2012, the State Board of Education shall develop, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d of the general statutes, an evaluator assessment to be used in determining an administrator's competency in conducting teacher performance evaluations under the local teacher performance evaluation plan conducted pursuant to section 10-151b of the general statutes, as amended by this act. Such evaluator assessment shall include a determination from an independent observer of whether an evaluator's performance ratings properly align with the guidelines adopted by the State Board of Education pursuant to this section.

Sec. 4. Section 10-145b of the general statutes is amended by adding subsection (n) as follows (Effective July 1, 2011):

(NEW) (n) On and after January 1, 2013, the State Board of Education shall not issue or renew an administrator certificate to any applicant who does not satisfactorily complete the evaluator assessment described in section 3 of this act.

Sec. 5. Subsection (d) of section 10-151 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(d) The contract of employment of a teacher who has attained tenure shall be continued from school year to school year, except that it may be terminated at any time for one or more of the following reasons: (1) Inefficiency or incompetence, provided, if a teacher is notified on or after July 1, 2000, that termination is under consideration due to incompetence, the determination of incompetence is based on evaluation of the teacher using teacher evaluation guidelines established pursuant to section 10-151b, as amended by this act; (2) insubordination against reasonable rules of the board of education; (3) moral misconduct; (4) disability, as shown by competent medical evidence; (5) elimination of the position to which the teacher was appointed or loss of a position to another teacher, if no other position exists to which such teacher may be appointed if qualified, provided such teacher, if qualified, shall be appointed to a position held by a teacher who has not attained tenure, and provided further that determination of the individual contract or contracts of employment to be terminated shall be made in accordance with either (A) a provision for a layoff procedure agreed upon by the board of education and the exclusive employees' representative organization, or (B) in the absence of such agreement, a written policy of the board of education; [or] (6) failure to successfully complete an improvement and remediation plan following a finding that the teacher's performance was deficient under the teacher performance evaluation plan adopted by the local or regional board of education or regional educational service center; or (7) other due and sufficient cause. Nothing in this section or in any other section of the general statutes or of any special act shall preclude a board of education from making an agreement with an exclusive bargaining representative which contains a recall provision. Prior to terminating a contract, the superintendent shall give the teacher concerned a written notice that termination of such teacher's contract is under consideration and, upon written request filed by such teacher with the superintendent, within seven days after receipt of such notice, shall within the next succeeding seven days give such teacher a statement in writing of the reasons therefor. Within twenty days after receipt of written notice by the superintendent that contract termination is under consideration, such teacher may file with the local or regional board of education a written request for a hearing. A board of education may designate a subcommittee of three or more board members to conduct hearings and submit written findings and recommendations to the board for final disposition in the case of teachers whose contracts are terminated. Such hearing shall commence within fifteen days after receipt of such request, unless the parties mutually agree to an extension, not to exceed fifteen days (A) before the board of education or a subcommittee of the board, (B) if indicated in such request or if designated by the board before an impartial hearing panel, or (C) if the parties mutually agree, before a single impartial hearing officer chosen by the teacher and the superintendent. If the parties are unable to agree upon the choice of a hearing officer within five days after their decision to use a hearing officer, the hearing shall be held before the board or panel, as the case may be. The impartial hearing panel shall consist of three members appointed as follows: The superintendent shall appoint one panel member, the teacher shall appoint one panel member, and those two panel members shall choose a third, who shall serve as chairperson. If the two panel members are unable to agree upon the choice of a third panel member within five days after the decision to use a hearing panel, the third panel member shall be selected with the assistance of the American Arbitration Association using its expedited selection process and in accordance with its rules for selection of a neutral arbitrator in grievance arbitration. If the third panel member is not selected with the assistance of such association within five days, the hearing shall be held before the board of education or a subcommittee of the board. Within seventy-five days after receipt of the request for a hearing, the impartial hearing panel, subcommittee of the board or hearing officer, unless the parties mutually agree to an extension not to exceed fifteen days, shall submit written findings and a recommendation to the board of education as to the disposition of the charges against the teacher and shall send a copy of such findings and recommendation to the teacher. The board of education shall give the teacher concerned its written decision within fifteen days of receipt of the written recommendation of the impartial hearing panel, subcommittee or hearing officer. Each party shall pay the fee of the panel member selected by it and shall share equally the fee of the third panel member or hearing officer and all other costs incidental to the hearing. If the hearing is before the board of education, the board shall render its decision within fifteen days after the close of such hearing and shall send a copy of its decision to the teacher. The hearing shall be public if the teacher so requests or the board, subcommittee, hearing officer or panel so designates. The teacher concerned shall have the right to appear with counsel at the hearing, whether public or private. A copy of a transcript of the proceedings of the hearing shall be furnished by the board of education, upon written request by the teacher within fifteen days after the board's decision, provided the teacher shall assume the cost of any such copy. Nothing herein contained shall deprive a board of education or superintendent of the power to suspend a teacher from duty immediately when serious misconduct is charged without prejudice to the rights of the teacher as otherwise provided in this section.

Sec. 6. Subsection (f) of section 10-262i of the general statutes, as amended by section 190 of house bill 6651 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(f) (1) [For] Except as otherwise provided under the provisions of subdivisions (3) and (4) of this subsection, for the fiscal year ending June 30, 2012, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2011, plus any reductions made pursuant to section 19 of public act 09-1 of the June 19 special session, except that (A) for the fiscal year ending June 30, 2012, any district with a number of resident students for the school year commencing July 1, 2011, that is lower than such district's number of resident students for the school year commencing July 1, 2010, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such school years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2011, [. A town shall not be eligible to reduce its budgeted appropriation for education pursuant to this subdivision if the school district for the town is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, and (A) has failed to make adequate yearly progress in mathematics or reading at the whole district level, or (B) has satisfied the requirements for adequate yearly progress in mathematics or reading pursuant to Section 1111(b)(2)(I) of Subpart 1 of Part A of Title I of the No Child Left Behind Act, P. L. 107-110, as amended from time to time] and (B) for the fiscal year ending June 30, 2012, any district that (i) does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (ii) the number of resident students attending high school for such district for the school year commencing July 1, 2011, is lower than such district's number of resident students attending high school for the school year commencing July 1, 2010, may reduce such district's budgeted appropriation for education by the difference in number of resident students attending high school for such school years multiplied by the tuition paid per student pursuant to section 10-33, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2011.

(2) [For] Except as otherwise provided under the provisions of subdivisions (3) and (4) of this subsection, for the fiscal year ending June 30, 2013, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2012, except that (A) for the fiscal year ending June 30, 2013, any district with a number of resident students for the school year commencing July 1, 2012, that is lower than such district's number of resident students for the school year commencing July 1, 2011, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such school years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2012, [. A town shall not be eligible to reduce its budgeted appropriation for education pursuant to this subdivision if the school district for the town is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, and (A) has failed to make adequate yearly progress in mathematics or reading at the whole district level, or (B) has satisfied the requirements for adequate yearly progress in mathematics or reading pursuant to Section 1111(b)(2)(I) of Subpart 1 of Part A of Title I of the No Child Left Behind Act, P. L. 107-110, as amended from time to time] and (B) for the fiscal year ending June 30, 2013, any district that (i) does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (ii) the number of resident students attending high school for such district for the school year commencing July 1, 2012, is lower than such district's number of resident students attending high school for the school year commencing July 1, 2011, may reduce such district's budgeted appropriation for education by the difference in number of resident students attending high school for such school years multiplied by the tuition paid per student pursuant to section 10-33, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2012.

(3) [Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, the] The Commissioner of Education may permit a district to reduce its budgeted appropriation for education for the fiscal year ending June 30, 2012, or June 30, 2013, in an amount determined by the commissioner if such district has permanently ceased operations and closed one or more schools in the district due to declining enrollment at such closed school or schools in the fiscal year ending June 30, 2011, June 30, 2012, or June 30, 2013.

(4) No town shall be eligible to reduce its budgeted appropriation for education for the fiscal years ending June 30, 2012, and June 30, 2013, pursuant to this subsection if (A) the school district for the town is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, and (i) has failed to make adequate yearly progress in mathematics or reading at the whole district level, or (ii) has satisfied the requirements for adequate yearly progress in mathematics or reading pursuant to Section 1111(b)(2)(I) of Subpart 1 of Part A of Title I of the No Child Left Behind Act, P.L. 107-110, as amended from time to time, or (B) the school district for the town (i) has been identified as in need of improvement pursuant to said section 10-223e, and (ii) has a poverty rate greater than ten per cent. For purposes of this subparagraph, "poverty rate" means the quotient of the number of related children ages five to seventeen, inclusive, in families in poverty in a school district, divided by the total school age population of such school district based on the 2009 population estimate produced by the Bureau of Census of the United States Department of Commerce.

Sec. 7. Section 10-66dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) For purposes of this section, "school professional" means any school teacher, administrator or other personnel certified by the State Board of Education pursuant to section 10-145b.

(b) (1) Subject to the provisions of this subsection and except as may be waived pursuant to subsection (d) of section 10-66bb, charter schools shall be subject to all federal and state laws governing public schools.

(2) [At] Subject to the provisions of subdivision (5) of this subsection, at least one-half of the persons providing instruction or pupil services in a charter school shall possess the proper certificate other than (A) a certificate issued pursuant to subdivision (1) of subsection (c) of section 10-145b, or (B) a temporary certificate issued pursuant to subsection (c) of section 10-145f on the day the school begins operation and the remaining persons shall possess a certificate issued pursuant to said subdivision (1) or such temporary certificate on such day.

(3) The commissioner may not waive the provisions of chapters 163c and 169 and sections 10-15c, 10-153a to 10-153g, inclusive, 10-153i, 10-153j, 10-153m and 10-292.

(4) The state charter school governing council shall act as a board of education for purposes of collective bargaining. The school professionals and persons holding a charter school educator permit, issued by the State Board of Education pursuant to section 8 of this act, employed by a local charter school shall be members of the appropriate bargaining unit for the local or regional school district in which the local charter school is located and shall be subject to the same collective bargaining agreement as the school professionals employed by said district. A majority of those employed or to be employed in the local charter school and a majority of the members of the governing council of the local charter school may modify, in writing, such collective bargaining agreement, consistent with the terms and conditions of the approved charter, for purposes of employment in the charter school.

(5) For the school year commencing July 1, 2011, and each school year thereafter, the Commissioner of Education may waive the requirements of subdivision (2) of this subsection for any administrator or person providing instruction or pupil services employed by a charter school who holds a charter school educator permit, issued pursuant to section 8 of this act, provided not more than thirty per cent of the total number of administrators and persons providing instruction or pupil services employed by a charter school hold the charter school educator permit for the school year.

(6) For the school year commencing July 1, 2011, and each school year thereafter, any administrator holding a charter school educator permit, issued pursuant to section 8 of this act, shall be authorized to supervise and conduct performance evaluations of any person providing instruction or pupil services in the charter school that such administrator is employed.

(c) School professionals employed by a local or regional board of education shall be entitled to a two-year leave of absence, without compensation, in order to be employed in a charter school provided such leave shall be extended upon request for an additional two years. At any time during or upon the completion of such a leave of absence, a school professional may return to work in the school district in the position in which he was previously employed or a comparable position. Such leave of absence shall not be deemed to be an interruption of service for purposes of seniority and teachers' retirement, except that time may not be accrued for purposes of attaining tenure. A school professional who is not on such a leave of absence and is employed for forty school months of full-time continuous employment by the charter school and is subsequently employed by a local or regional board of education shall attain tenure after the completion of twenty school months of full-time continuous employment by such board of education in accordance with section 10-151.

(d) (1) An otherwise qualified school professional hired by a charter school prior to July 1, 2010, and employed in a charter school may participate in the state teacher retirement system under chapter 167a on the same basis as if such professional were employed by a local or regional board of education. The governing council of a charter school shall make the contributions, as defined in subdivision (7) of section 10-183b for such professional.

(2) An otherwise qualified school professional hired by a charter school on or after July 1, 2010, and who has not previously been employed by a charter school in this state prior to July 1, 2010, shall participate in the state teacher retirement system under chapter 167a on the same basis as if such professional were employed by a local or regional board of education. The governing council of a charter school shall make the contributions, as defined in subdivision (7) of section 10-183b for such professional.

(3) Any administrator or person providing instruction or pupil services in a charter school who holds a charter school educator permit issued by the State Board of Education pursuant to section 8 of this act shall participate in the state teacher retirement system under chapter 167a pursuant to subdivision (2) of this section when such administrator or person providing instruction or pupil services obtains professional certification pursuant to section 10-145b.

Sec. 8. (NEW) (Effective July 1, 2011) Subject to the provisions of subdivision (5) of subsection (b) of section 10-66dd of the general statutes, as amended by this act, the State Board of Education, upon the request of the state charter school governing council, may issue a charter school educator permit to a person who is employed by a charter school as a teacher or administrator and does not hold the initial educator, provisional educator or professional educator certificate if such person (1) achieves satisfactory scores on the state reading, writing and mathematics competency examination prescribed by and administered under the direction of the State Board of Education, or qualifies for a waiver of such test based on criteria approved by the State Board of Education, (2) achieves a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment, and (3) demonstrates evidence of effectiveness. Such permit shall authorize a person to serve as an administrator or teacher in the charter school employing such person. Each such charter school educator permit may be renewed by the Commissioner of Education for good cause upon the request of the state charter school governing council employing such person at the time the charter for the school is renewed.

Sec. 9. Subsection (a) of section 10-153b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

(a) Whenever used in this section or in sections 10-153c to 10-153n, inclusive: (1) The "administrators' unit" means the [certified] professional employee or employees in a school district or charter school not excluded from the purview of sections 10-153a to 10-153n, inclusive, employed in positions requiring an intermediate administrator or supervisor certificate, or the equivalent thereof, or charter school educator permit, issued by the State Board of Education under the provisions of section 8 of this act, and whose administrative or supervisory duties, for purposes of determining membership in the administrators' unit, shall equal at least fifty per cent of the assigned time of such employee. Certified professional employees covered by the terms and conditions of a contract in effect prior to October 1, 1983, shall continue to be covered by such contract or any successor contract until such time as the employee is covered by the terms and conditions of a contract negotiated by the exclusive bargaining unit of which the employee is a member for purposes of collective bargaining pursuant to the provisions of this section. (2) The "teachers' unit" means (A) the group of professional employees who hold a certificate or durational shortage area permit issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, and are employed by a local or regional board of education in positions requiring such a certificate or durational shortage area permit and are not included in the administrators' unit or excluded from the purview of sections 10-153a to 10-153n, inclusive, and (B) the group of professional employees who hold a certificate, durational shortage area permit issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, or a charter school educator permit issued by the State Board of Education under the provisions of section 8 of this act, and are employed by a charter school in positions requiring such a certificate, durational shortage area permit or charter school educator permit and are not included in the administrators' unit or excluded from the purview of sections 10-153a to 10-153n, inclusive. (3) "Commissioner" means the Commissioner of Education. (4) "To post a notice" means to post a copy of the indicated material on each bulletin board for teachers in every school in the school district or, if there are no such bulletin boards, to give a copy of such information to each employee in the unit affected by such notice. (5) "Budget submission date" means the date on which a school district is to submit its itemized estimate of the cost of maintenance of public schools for the next following year to the board of finance in each town having a board of finance, to the board of selectmen in each town having no board of finance and, in any city having a board of finance, to said board, and otherwise to the authority making appropriations therein. (6) "Days" means calendar days. "