Connecticut Seal

General Assembly

Amendment

 

January Session, 2013

LCO No. 7608

   
 

*SB0109707608SDO*

Offered by:

 

SEN. STILLMAN, 20th Dist.

REP. FLEISCHMANN, 18th Dist.

SEN. BOUCHER, 26th Dist.

REP. ACKERT, 8th Dist.

REP. CUEVAS, 75th Dist.

REP. HOLDER-WINFIELD, 94th Dist.

REP. MCCRORY, 7th Dist.

REP. MCGEE, 5th Dist.

REP. MILLER P. , 145th Dist.

REP. ROJAS, 9th Dist.

REP. VARGAS, 6th Dist.

To: Subst. Senate Bill No. 1097

File No. 544

Cal. No. 389

"AN ACT CONCERNING REVISIONS TO THE EDUCATION REFORM ACT OF 2012. "

Strike sections 1 and 2 in their entirety and insert 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 Section 10-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The superintendent of each local or regional board of education shall annually 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, 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, and] and for the school year commencing July 1, 2013, and each school year thereafter, such annual evaluations shall be the teacher evaluation and support program adopted pursuant to subsection (b) of this section. The superintendent may conduct additional formative evaluations toward producing an annual summative evaluation. 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 teacher evaluation and support [programs] program shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004. In the event that a teacher does not receive a summative evaluation during the school year, such teacher shall receive a "not rated" designation for such school year. The superintendent shall report (1) the status of teacher evaluations to the local or regional board of education on or before June first of each year, and (2) the status of the implementation of the teacher evaluation and support program, including the frequency of evaluations, aggregate evaluation ratings, the number of teachers who have not been evaluated and other requirements as determined by the Department of Education, to the Commissioner of Education on or before June thirtieth 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) [(1)] Except as provided in subsection (d) of this section, not later than September 1, 2013, each local and regional board of education shall [develop] adopt and implement a teacher evaluation [programs] and support program that is consistent with the guidelines for a model teacher evaluation and support program adopted by the State Board of Education, pursuant to subsection (c) of this section, 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, and [consistent with] the plan developed, [in accordance with the provisions of] pursuant to subsection (b) of section 10-220a, as amended by this act. Such teacher evaluation and support program shall be developed through mutual agreement between the local or regional board of education and the professional development and evaluation committee for the school district, established pursuant to subsection (b) of section 10-220a, as amended by this act. If a local or regional board of education is unable to develop a teacher evaluation and support program through mutual agreement with such professional development and evaluation committee, then such board of education and such professional development and evaluation committee shall consider the model teacher evaluation and support program adopted by the State Board of Education, pursuant to subsection (c) of this section, and such board of education may adopt, through mutual agreement with such professional development and evaluation committee, such model teacher evaluation and support program. If a local or regional board of education and the professional development and evaluation committee are unable to mutually agree on the adoption of such model teacher evaluation and support program, then such board of education shall adopt and implement a teacher evaluation and support program developed by such board of education, provided such teacher evaluation and support program is consistent with the guidelines adopted by the State Board of Education, pursuant to subsection (c) of this section, 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, and the plan developed, pursuant to subsection (b) of section 10-220a, as amended by this act. Each local and regional board of education may commence implementation of the teacher evaluation and support program adopted pursuant to this subsection in accordance with a teacher evaluation and support program implementation plan adopted pursuant to subsection (e) of this section.

[(2) Not later than June thirtieth of each year, each superintendent shall report to the Commissioner of Education the status of the implementation of teacher evaluations, including the frequency of evaluations, aggregate evaluation ratings, the number of teachers who have not been evaluated and other requirements as determined by the Department of Education. ]

(c) (1) On or before July 1, 2012, the State Board of Education shall adopt, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d, as amended by this act, guidelines for a model teacher evaluation and support program. Such guidelines shall include, but not be limited to, [(1)] (A) the use of four performance evaluations designators: Exemplary, proficient, developing and below standard; [(2)] (B) the use of multiple indicators of student academic growth and development in teacher evaluations; [(3)] (C) methods for assessing student academic growth and development; [(4)] (D) 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; [(5)] (E) minimum requirements for teacher evaluation instruments and procedures, including scoring systems to determine exemplary, proficient, developing and below standard ratings; [(6)] (F) the development and implementation of periodic training programs regarding the teacher evaluation and support 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 local or regional board of education and whose performance is being evaluated and to administrators who are employed by such local or regional board of education and who are conducting performance evaluations; [(7)] (G) the provision of professional development services based on the individual or group of individuals' needs that are identified through the evaluation process; [(8)] (H) the creation of individual teacher improvement and remediation plans for teachers whose performance is developing or below standard, designed in consultation with such teacher and his or her exclusive bargaining representative for certified teachers chosen pursuant to section 10-153b, and that [(A)] (i) identify resources, support and other strategies to be provided by the local or regional board of education to address documented deficiencies, [(B)] (ii) indicate a timeline for implementing such resources, support, and other strategies, in the course of the same school year as the plan is issued, and [(C)] (iii) include indicators of success including a summative rating of proficient or better immediately at the conclusion of the improvement and remediation plan; [(9)] (I) opportunities for career development and professional growth; and [(10)] (J) a validation procedure to audit evaluation ratings of exemplary or below standard by the department [,] or a third-party entity approved by the department. [, to validate such exemplary or below standard evaluation ratings. The State Board of Education, following the completion of the teacher evaluation and support pilot program, pursuant to section 10-151f, and the submission of the study of such pilot program, pursuant to section 10-151g, shall validate the guidelines adopted under this subsection. ]

(2) 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, as amended by this act, a model teacher evaluation and support program that is consistent with the guidelines adopted pursuant to subdivision (1) of this subsection.

(3) The State Board of Education shall, following the completion of the teacher evaluation and support pilot program, pursuant to section 10-151f, as amended by this act, and the submission of the study of such pilot program, pursuant to section 10-151g, as amended by this act, review and may revise, as necessary, the guidelines for a model teacher evaluation and support program and the model teacher evaluation and support program adopted under this subsection.

(d) The State Board of Education may waive the provisions of [subdivision (1) of] subsection (b) of this section for any local or regional board of education that [has developed] adopted a teacher evaluation program prior to [the validation of the model teacher evaluation and support program guidelines described in subsection (c) of this section and] July 1, 2013, that the State Board of Education determines is in substantial compliance with [such] the guidelines for a model teacher evaluation and support program. [guidelines. ]

(e) Notwithstanding the implementation deadline of September 1, 2013, set forth in subsection (b) of this section, a local or regional board of education may phase in full implementation of the teacher evaluation and support program adopted pursuant to said subsection (b) during the school years commencing July 1, 2013, and July 1, 2014, pursuant to a teacher evaluation and support program implementation plan (1) adopted by the State Board of Education, in consultation with the Performance Evaluation Advisory Council, not later than July 1, 2013, or (2) developed through mutual agreement with the professional development and evaluation committee for the school district, established pursuant to subsection (b) of section 10-220a, as amended by this act, not later than November 1, 2013.

Sec. 2. Subsections (a) and (b) of section 10-220a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each local or regional board of education shall provide an in-service training program for its teachers, administrators and pupil personnel who hold the initial educator, provisional educator or professional educator certificate. Such program shall provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of drugs, as defined in subdivision (17) of section 21a-240, and alcohol to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education which includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, violence, teen dating violence, domestic violence, child abuse and youth suicide, (3) the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, including, but not limited to, children with attention-deficit hyperactivity disorder or learning disabilities, and methods for identifying, planning for and working effectively with special needs children in a regular classroom, including, but not limited to, implementation of student individualized education programs, (4) school violence prevention, conflict resolution, the prevention of and response to youth suicide and the identification and prevention of and response to bullying, as defined in subsection (a) of section 10-222d, except that those boards of education that implement any evidence-based model approach that is approved by the Department of Education and is consistent with subsection (d) of section 10-145a, [subsection (a) of section 10-220a,] sections 10-222d, 10-222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 of public act 08-160, shall not be required to provide in-service training on the identification and prevention of and response to bullying, (5) cardiopulmonary resuscitation and other emergency life saving procedures, (6) computer and other information technology as applied to student learning and classroom instruction, communications and data management, (7) the teaching of the language arts, reading and reading readiness for teachers in grades kindergarten to three, inclusive, (8) second language acquisition in districts required to provide a program of bilingual education pursuant to section 10-17f, (9) the requirements and obligations of a mandated reporter. Each local and regional board of education may allow any paraprofessional or noncertified employee to participate, on a voluntary basis, in any in-service training program provided pursuant to this section, and (10) the teacher evaluation and support program [developed] adopted pursuant to subsection (b) of section 10-151b, as amended by this act. The State Board of Education, within available appropriations and utilizing available materials, shall assist and encourage local and regional boards of education to include: (A) Holocaust and genocide education and awareness; (B) the historical events surrounding the Great Famine in Ireland; (C) African-American history; (D) Puerto Rican history; (E) Native American history; (F) personal financial management; (G) domestic violence and teen dating violence; and (H) topics approved by the state board upon the request of local or regional boards of education as part of in-service training programs pursuant to this subsection.

(b) Not later than a date prescribed by the commissioner, each local and regional board of education shall establish a professional development and evaluation committee consisting of certified employees, and such other school personnel as the board deems appropriate, including representatives of the exclusive bargaining representative for such employees chosen pursuant to subsection (b) of section 10-153. The duties of such committees shall include, but not be limited to, participation in the development or adoption of a teacher evaluation and support program for the district, pursuant to section 10-151b, as amended by this act, and the development, evaluation and annual updating of a comprehensive local professional development plan for certified employees of the district. Such plan shall: (1) Be directly related to the educational goals prepared by the local or regional board of education pursuant to subsection (b) of section 10-220, (2) on and after July 1, 2011, be developed with full consideration of the priorities and needs related to student outcomes as determined by the State Board of Education, and (3) provide for the ongoing and systematic assessment and improvement of both teacher evaluation and professional development of the professional staff members of each such board, including personnel management and evaluation training or experience for administrators, shall be related to regular and special student needs and may include provisions concerning career incentives and parent involvement. The State Board of Education shall develop guidelines to assist local and regional boards of education in determining the objectives of the plans and in coordinating staff development activities with student needs and school programs. "

Strike sections 6 to 8, inclusive, in their entirety and insert the following in lieu thereof:

"Sec. 6. Subsection (b) of section 10-151f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The teacher evaluation and support pilot program described in subdivision (1) of subsection (a) of this section shall (1) assess and evaluate the implementation of a teacher evaluation and support program [developed] adopted by a local or regional board of education pursuant to subsection (b) of section 10-151b, as amended by this act, that is in compliance with the guidelines for a model teacher evaluation and support program or the model teacher evaluation and support program adopted pursuant to subsection (c) of section 10-151b, as amended by this act, (2) identify district needs for technical assistance and support in implementing such teacher evaluation and support program, (3) provide training to administrators in how to conduct performance evaluations under the teacher evaluation and support program, (4) provide orientation to teachers being evaluated under the teacher evaluation and support program, (5) include a validation process for performance evaluations to be conducted by the Department of Education, or the department's designee, and (6) provide funding for the administration of the teacher evaluation and support program developed by the local or regional board of education.

Sec. 7. Subsection (b) of section 10-151g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Upon completion of such study, but not later than January 1, 2014, the Neag School of Education at The University of Connecticut shall (1) submit to the State Board of Education such study and any [recommendation concerning validation of the] recommendations concerning revisions to the guidelines for a model teacher evaluation and support program [guidelines] or model teacher evaluation and support program adopted by the State Board of Education pursuant to subsection (c) of section 10-151b, as amended by this act, and (2) submit such study and any such recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

Sec. 8. Section 10-151h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[Prior to the implementation of] (a) For the school year commencing July 1, 2013, prior to any evaluation conducted under the teacher evaluation and support program [developed] adopted pursuant to subsection (b) of section 10-151b, as amended by this act, [but not later than July 1, 2014,] each local and regional board of education shall conduct training programs for all evaluators and orientation for all teachers employed by such board relating to the provisions of such teacher evaluation and support program [developed] adopted by such board of education. Such training shall provide instruction to evaluators in how to conduct proper performance evaluations prior to conducting an evaluation under the teacher evaluation and support program. Such orientation shall be completed by each teacher before a teacher receives an evaluation under the teacher evaluation and support program. 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) For the school year commencing July 1, 2014, and each school year thereafter, each local and regional board of education shall (1) conduct the training programs and orientation described in subsection (a) of this section at least biennially to all evaluators and teachers employed by such board, (2) conduct such training programs for all new evaluators prior to any evaluations conducted by such evaluators, and (3) provide such orientation to all new teachers hired by such board before such teachers receive an evaluation."

Strike section 10 in its entirety and renumber the remaining sections and internal references accordingly

Strike section 14 in its entirety and insert the following in lieu thereof:

"Sec. 14. Section 10-145r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

For the school year commencing July 1, 2014, and [each school year] biennially thereafter, the local or regional board of education [for all certified employees who hold] that employs a certified individual who holds an initial, provisional or professional educator certificate with an early childhood nursery through grade three or an elementary endorsement [and are employed] in a position requiring such an endorsement in kindergarten to grade three, inclusive, shall require [all such certified employees to take the practice version of] each such certified individual to take a survey on reading instruction, developed by the Department of Education that is based on the reading instruction examination approved by the State Board of Education on April 1, 2009, [. Each local and regional board of education shall annually report the results of such practice examination to the Department of Education. ] or a comparable reading instruction examination with minimum standards that are equivalent to the examination approved by the State Board of Education on April 1, 2009. The department shall design such survey in a manner that identifies the strengths and weaknesses of such certified individuals in reading instruction practices and knowledge on an individual, school and district level. Such survey shall be administered at no financial cost to such certified individual and in a manner that protects the anonymity of such certified individual. The results of such survey shall not be included as part of any summative ratings for performance evaluations, conducted pursuant to section 10-151b, as amended by this act, and not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200. Such results shall be used for the purpose of improving reading instruction by developing student learning objectives and teacher practice goals that will be included in the professional development conducted pursuant to section 10-148b, as amended by this act, for such certified individuals."

Strike sections 16 and 17 in their entirety and insert the following in lieu thereof:

"Sec. 16. Subsection (f) of section 10-145d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) An endorsement issued prior to July 1, 2013, to teach elementary education grades one to six, inclusive, shall be valid for grades kindergarten to six, inclusive, and for such an endorsement issued on or after July 1, 2013, the endorsement shall be valid for grades one to six, inclusive, except such an endorsement issued between July 1, 2013, and July 1, 2017, to any student who was admitted to a teacher preparation program, as defined in section 10-10a, in the certification endorsement area of elementary education on or before the start of the fall semester of 2012, and successfully completes such program, shall be valid for grades kindergarten to six, inclusive. An endorsement to teach comprehensive special education grades one to twelve, inclusive, shall be valid for grades kindergarten to twelve, inclusive, provided, on and after [July] September 1, 2013, any (1) certified employee [with such] applying for a comprehensive special education endorsement, or (2) applicant for an initial, provisional or professional educator certificate and a comprehensive special education endorsement [achieves] shall achieve a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009, or a comparable reading instruction examination with minimum standards that are equivalent to the examination approved by the State Board of Education on April 1, 2009.

Sec. 17. Subsection (i) of section 10-145d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) On and after [July] September 1, 2013, any (1) certified employee [with] applying for a remedial reading, [and] remedial language arts or reading consultant endorsement, or (2) applicant for an initial, provisional or professional educator certificate and a remedial reading, remedial language arts or reading consultant endorsement shall achieve a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009, or a comparable reading instruction examination with minimum standards that are equivalent to the examination approved by the State Board of Education on April 1, 2009. "

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

"Sec. 501. Subsection (a) of section 10-148b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) On or before July 1, 2013, the Commissioner of Education shall create a program of professional development for teachers, as defined in section 10-144d, and principals in scientifically-based reading research and instruction, as defined in section 10-14u. Such program of professional development shall (1) count towards the professional development requirements pursuant to section 10-148a, (2) be based on data collected from student reading assessments, (3) provide differentiated and intensified training in reading instruction for teachers, (4) outline how mentor teachers who will train teachers in reading instruction, (5) outline how model classrooms will be established in schools for reading instruction, (6) inform principals on how to evaluate classrooms and teacher performance in scientifically-based reading research and instruction, and (7) be job-embedded and local whenever possible. In the case of any certified individual who is required to complete the reading instruction survey, pursuant to section 10-145r, as amended by this act, the program of professional development for such individual shall be designed using the results of such survey, in accordance with said section 10-145r.

Sec. 502. Subsection (b) of section 10-153d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The local or regional board of education and the organization designated or elected as the exclusive representative for the appropriate unit, through designated officials or their representatives, shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate. For purposes of this subsection and sections 10-153a, 10-153b and 10-153e to 10-153g, inclusive, (1) "hours" shall not include the length of the student school year, the scheduling of the student school year, the length of the student school day, the length and number of parent-teacher conferences and the scheduling of the student school day, except for the length and the scheduling of teacher lunch periods and teacher preparation periods and (2) "other conditions of employment" shall not include the establishment or provisions of any retirement incentive plan authorized by section 10-183jj or the development or adoption of teacher evaluation and support programs, pursuant to section 10-151b, as amended by this act. Such negotiations shall commence not less than two hundred ten days prior to the budget submission date. Any local board of education shall file forthwith a signed copy of any contract with the town clerk and with the Commissioner of Education. Any regional board of education shall file forthwith a signed copy of any such contract with the town clerk in each member town and with the Commissioner of Education. Upon receipt of a signed copy of such contract the clerk of such town shall give public notice of such filing. The terms of such contract shall be binding on the legislative body of the local or regional school district, unless such body rejects such contract at a regular or special meeting called and convened for such purpose within thirty days of the filing of the contract. If a vote on such contract is petitioned for in accordance with the provisions of section 7-7, in order to reject such contract, a minimum number of those persons eligible to vote equal to fifteen per cent of the electors of such local or regional school district shall be required to participate in the voting and a majority of those voting shall be required to reject. Any regional board of education shall call a district meeting to consider such contract within such thirty-day period if the chief executive officer of any member town so requests in writing within fifteen days of the receipt of the signed copy of the contract by the town clerk in such town. The body charged with making annual appropriations in any school district shall appropriate to the board of education whatever funds are required to implement the terms of any contract not rejected pursuant to this section. All organizations seeking to represent members of the teaching profession shall be accorded equal treatment with respect to access to teachers, principals, members of the board of education, records, mail boxes and school facilities and, in the absence of any recognition or certification as the exclusive representative as provided by section 10-153b, participation in discussions with respect to salaries, hours and other conditions of employment. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

10-151b

Sec. 2

from passage

10-220a(a) and (b)

Sec. 6

from passage

10-151f(b)

Sec. 7

from passage

10-151g(b)

Sec. 8

from passage

10-151h

Sec. 14

July 1, 2013

10-145r

Sec. 16

from passage

10-145d(f)

Sec. 17

from passage

10-145d(i)

Sec. 501

July 1, 2013

10-148b(a)

Sec. 502

from passage

10-153d(b)