CHAPTER 284 TEACHER PERFORMANCE, COMPENSATION, AND CAREER DEVELOPMENT
Legislative intent; 2001 Acts, ch 161, §1

284.1 STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM.
284.2 DEFINITIONS.
284.3 IOWA TEACHING STANDARDS.
284.4 PARTICIPATION.
284.5 BEGINNING TEACHER MENTORING AND INDUCTION PROGRAM.
284.6 TEACHER PROFESSIONAL DEVELOPMENT.
284.7 IOWA TEACHER CAREER PATH.
284.8 PERFORMANCE REVIEW REQUIREMENTS FOR TEACHERS.
284.9 REVIEW PANEL.
284.10 EVALUATOR TRAINING PROGRAM.
284.11 MARKET FACTOR TEACHER INCENTIVES.
284.12 REPORTS -- RULES.
284.13 STATE PROGRAM ALLOCATION.
284.14 PAY-FOR-PERFORMANCE PROGRAM.
284.14A CAREER LADDER PILOTS.



        

284.1 STUDENT ACHIEVEMENT AND TEACHER QUALITY PROGRAM. A student achievement and teacher quality program is established to promote high student achievement. The program shall consist of the following five major elements: 1. Mentoring and induction programs that provide support for beginning teachers in accordance with section 284.5. 2. Career paths with compensation levels that strengthen Iowa's ability to recruit and retain teachers. 3. Professional development designed to directly support best teaching practices. 4. Evaluation of teachers against the Iowa teaching standards.

         Section History: Recent Form

         2001 Acts, ch 161, §2; 2006 Acts, ch 1182, §5, 6; 2007 Acts, ch
      108, §12
        

284.2 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Beginning teacher" means an individual serving under an initial or intern license, issued by the board of educational examiners under chapter 272, who is assuming a position as a teacher. For purposes of the beginning teacher mentoring and induction program created pursuant to section 284.5, "beginning teacher" also includes preschool teachers who are licensed by the board of educational examiners under chapter 272 and are employed by a school district or area education agency. 2. "Comprehensive evaluation" means a summative evaluation of a beginning teacher conducted by an evaluator for purposes of determining a beginning teacher's level of competency, for recommendation for licensure based upon the Iowa teaching standards, and to determine whether the teacher's practice meets the school district expectations for a career teacher. 3. "Department" means the department of education. 4. "Director" means the director of the department of education. 5. "Evaluator" means an administrator or other practitioner who successfully completes an evaluator training program pursuant to section 284.10. 6. "Intensive assistance" means the provision of organizational support and technical assistance to teachers, other than beginning teachers, for the remediation of identified teaching and classroom management concerns for a period not to exceed twelve months. 7. "Mentor" means an individual employed by a school district or area education agency as a teacher or a retired teacher who holds a valid license issued under chapter 272. The individual must have a record of four years of successful teaching practice, must be employed on a nonprobationary basis, and must demonstrate professional commitment to both the improvement of teaching and learning and the development of beginning teachers. 8. "Performance review" means a summative evaluation of a teacher other than a beginning teacher and used to determine whether the teacher's practice meets school district expectations and the Iowa teaching standards, and to determine whether the teacher's practice meets school district expectations for career advancement in accordance with section 284.7. 9. "School board" means the board of directors of a school district, a collaboration of boards of directors of school districts, or the board of directors of an area education agency, as the context requires. 10. "State board" means the state board of education. 11. "Teacher" means an individual who holds a practitioner's license issued under chapter 272, or a statement of professional recognition issued under chapter 272 who is employed in a nonadministrative position by a school district or area education agency pursuant to a contract issued by a board of directors under section 279.13. A teacher may be employed in both an administrative and a nonadministrative position by a board of directors and shall be considered a part-time teacher for the portion of time that the teacher is employed in a nonadministrative position. "Teacher" includes a licensed individual employed on a less than full-time basis by a school district through a contract between the school district and an institution of higher education with a practitioner preparation program in which the licensed teacher is enrolled.

         Section History: Recent Form

         2001 Acts, ch 161, §3; 2002 Acts, ch 1152, §7, 8; 2003 Acts, ch
      180, §37; 2006 Acts, ch 1182, §7--10; 2007 Acts, ch 108, §13, 14
        

284.3 IOWA TEACHING STANDARDS. 1. For purposes of this chapter and for developing teacher evaluation criteria under chapter 279, the Iowa teaching standards are as follows: a. Demonstrates ability to enhance academic performance and support for and implementation of the school district's student achievement goals. b. Demonstrates competence in content knowledge appropriate to the teaching position. c. Demonstrates competence in planning and preparing for instruction. d. Uses strategies to deliver instruction that meets the multiple learning needs of students. e. Uses a variety of methods to monitor student learning. f. Demonstrates competence in classroom management. g. Engages in professional growth. h. Fulfills professional responsibilities established by the school district. 2. A school board shall provide for the following: a. For purposes of comprehensive evaluations for beginning teachers required to allow beginning teachers to progress to career teachers, standards and criteria that are the Iowa teaching standards specified in subsection 1 and the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 50. These standards and criteria shall be set forth in an instrument provided by the department. The comprehensive evaluation and instrument are not subject to negotiations or grievance procedures pursuant to chapter 20 or determinations made by the board of directors under section 279.14. A local school board and its certified bargaining representative may negotiate, pursuant to chapter 20, evaluation and grievance procedures for beginning teachers that are not in conflict with this chapter. If, in accordance with section 279.19, a beginning teacher appeals the determination of a school board to an adjudicator under section 279.17, the adjudicator selected shall have successfully completed training related to the Iowa teacher standards, the criteria adopted by the state board of education in accordance with subsection 3, and any additional training required under rules adopted by the public employment relations board in cooperation with the state board of education. b. For purposes of performance reviews for teachers other than beginning teachers, evaluations that contain, at a minimum, the Iowa teaching standards specified in subsection 1, as well as the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 50. A local school board and its certified bargaining representative may negotiate, pursuant to chapter 20, additional teaching standards and criteria. A local school board and its certified bargaining representative shall negotiate, pursuant to chapter 20, evaluation and grievance procedures for teachers other than beginning teachers that are not in conflict with this chapter. 3. The state board shall adopt by rule pursuant to chapter 17A the criteria developed by the department in accordance with section 256.9, subsection 50.

         Section History: Recent Form

         2001 Acts, ch 161, §4; 2002 Acts, ch 1152, §9, 10; 2003 Acts, ch
      108, §49; 2003 Acts, ch 180, §38, 39; 2007 Acts, ch 108, §15
         Referred to in § 284.8
        

284.4 PARTICIPATION. 1. A school district or area education agency is eligible to receive moneys appropriated for purposes specified in this chapter if the school board applies to the department to participate in the student achievement and teacher quality program and submits a written statement declaring the school district's or agency's willingness to do all of the following: a. Commit and expend local moneys to improve student achievement and teacher quality. b. Implement a beginning teacher mentoring and induction program as provided in this chapter. c. Create a teacher quality committee. The committee shall have equal representation of administrators and teachers. The teacher members shall be appointed by the certified employee organization if one exists, and if not, by the school district's or agency's administration. The administrator members shall be appointed by the school board. However, if a school district can demonstrate that an existing professional development, curriculum, or student improvement committee has significant stakeholder involvement and a leadership role in the school district, the appointing authorities may mutually agree to assign to the existing committee the responsibilities set forth in this paragraph "c", to appoint members of the existing committee to the teacher quality committee, or to authorize the existing committee to serve in an advisory capacity to the teacher quality committee. The committee shall do all of the following: (1) Monitor the implementation of the requirements of statutes and administrative code provisions relating to this chapter, including requirements that affect any agreement negotiated pursuant to chapter 20. (2) Monitor the evaluation requirements of this chapter to ensure evaluations are conducted in a fair and consistent manner throughout the school district or agency. In addition to any negotiated evaluation procedures, develop model evidence for the Iowa teaching standards and criteria. The model evidence will minimize paperwork and focus on teacher improvement. The model evidence will determine which standards and criteria can be met with observation and which evidence meets multiple standards and criteria. (3) Determine, following the adoption of the Iowa professional development model by the state board of education, the use and distribution of the professional development funds distributed to the school district or agency as provided in section 284.13, subsection 1, paragraph "d", based upon school district or agency, attendance center, and individual teacher and professional development plans. (4) Monitor the professional development in each attendance center to ensure that the professional development meets school district or agency, attendance center, and individual professional development plans. (5) Ensure the agreement negotiated pursuant to chapter 20 determines the compensation for teachers on the committee for work responsibilities required beyond the normal work day. d. Adopt school district, attendance center, and teacher professional development plans in accordance with this chapter. e. Adopt a teacher evaluation plan that, at minimum, requires a performance review of teachers in the district at least once every three years based upon the Iowa teaching standards and individual professional development plans, and requires administrators to complete evaluator training in accordance with section 284.10. f. Adopt teacher career paths based upon demonstrated knowledge and skills in accordance with this chapter. 2. By July 1, 2002, each school district shall participate in the student achievement and teacher quality program if the general assembly appropriates moneys for purposes of the student achievement and teacher quality program established pursuant to this chapter.

         Section History: Recent Form


         2001 Acts, ch 161, §5; 2001 Acts, ch 177, §3, 15; 2002 Acts, ch
      1152, §11, 12; 2003 Acts, ch 180, §40; 2005 Acts, ch 169, §29; 2006
      Acts, ch 1182, §11; 2007 Acts, ch 108, §16--19
         Referred to in § 284.5, 284.7, 284.11, 284.13
        

284.5 BEGINNING TEACHER MENTORING AND INDUCTION PROGRAM. 1. A beginning teacher mentoring and induction program is created to promote excellence in teaching, enhance student achievement, build a supportive environment within school districts and area education agencies, increase the retention of promising beginning teachers, and promote the personal and professional well-being of teachers. 2. The state board shall adopt rules to administer this section. 3. Each school district and area education agency shall provide a beginning teacher mentoring and induction program for all teachers who are beginning teachers, and notwithstanding section 284.4, subsection 1, a school district and an area education agency shall be eligible to receive moneys under section 284.13, subsection 1, paragraph "b", for purposes of implementing a beginning teacher mentoring and induction program in accordance with this section. 4. Each school district and area education agency shall develop an initial beginning teacher mentoring and induction plan. A school district shall include its plan in the school district's comprehensive school improvement plan submitted pursuant to section 256.7, subsection 21. The beginning teacher mentoring and induction plan shall, at a minimum, provide for a two-year sequence of induction program content and activities to support the Iowa teaching standards and beginning teacher professional and personal needs; mentor training that includes, at a minimum, skills of classroom demonstration and coaching, and district expectations for beginning teacher competence on Iowa teaching standards; placement of mentors and beginning teachers; the process for dissolving mentor and beginning teacher partnerships; district organizational support for release time for mentors and beginning teachers to plan, provide demonstration of classroom practices, observe teaching, and provide feedback; structure for mentor selection and assignment of mentors to beginning teachers; a district facilitator; and program evaluation. 5. A beginning teacher shall be informed by the school district or the area education agency, prior to the beginning teacher's participation in a mentoring and induction program, of the criteria upon which the beginning teacher shall be evaluated and of the evaluation process utilized by the school district or area education agency. 6. Upon completion of the program, the beginning teacher shall be comprehensively evaluated to determine if the teacher meets expectations to move to the career level. The school district or area education agency that employs the beginning teacher shall recommend for a standard license a beginning teacher who is determined through a comprehensive evaluation to demonstrate competence in the Iowa teaching standards. A school district or area education agency may offer a beginning teacher a third year of participation in the program if, after conducting a comprehensive evaluation, the school district determines that the teacher is likely to successfully complete the mentoring and induction program by the end of the third year of eligibility. A teacher granted a third year of eligibility shall develop a teacher's mentoring and induction program plan in accordance with this chapter and shall undergo a comprehensive evaluation at the end of the third year. The board of educational examiners shall grant a one-year extension of the beginning teacher's initial license upon notification by the school district that the teacher will participate in a third year of the school district's program. 7. If a beginning teacher who is participating in a mentoring and induction program leaves the employ of a school district or area education agency prior to completion of the program, the school district or area education agency subsequently hiring the beginning teacher shall credit the beginning teacher with the time earned in the program prior to the subsequent hiring. 8. If the general assembly appropriates moneys for purposes of this section, a school district or area education agency is eligible to receive state assistance for up to two years under this section for each teacher the school district or area education agency employs who was formerly employed in an accredited nonpublic school or in another state as a first-year teacher. The school district or area education agency employing the teacher shall determine the conditions and requirements of a teacher participating in a program in accordance with this subsection. The school district or area education agency that employs the teacher shall recommend the teacher for an educational license if the teacher, through a comprehensive evaluation, is determined to demonstrate competence in the Iowa teaching standards.

         Section History: Recent Form

         2001 Acts, ch 161, §6; 2001 Acts, ch 177, §4, 15; 2002 Acts, ch
      1152, §13; 2003 Acts, ch 180, §41; 2003 Acts, ch 182, §15; 2006 Acts,
      ch 1182, §12
         Referred to in § 284.1, 284.2
        

284.6 TEACHER PROFESSIONAL DEVELOPMENT. 1. The department shall coordinate a statewide network of professional development for Iowa teachers. A school district or professional development provider that offers a professional development program in accordance with section 256.9, subsection 50, shall demonstrate that the program contains the following: a. Support that meets the professional development needs of individual teachers and is aligned with the Iowa teaching standards. b. Research-based instructional strategies aligned with the school district's student achievement needs and the long-range improvement goals established by the district. c. Instructional improvement components including student achievement data, analysis, theory, classroom demonstration and practice, technology integration, observation, reflection, and peer coaching. d. An evaluation component that documents the improvement in instructional practice and the effect on student learning. 2. The department shall identify models of professional development practices that produce evidence of the link between teacher training and improved student learning. 3. A school district shall incorporate a district professional development plan into the district's comprehensive school improvement plan submitted to the department in accordance with section 256.7, subsection 21. The district professional development plan shall include a description of the means by which the school district will provide access to all teachers in the district to professional development programs or offerings that meet the requirements of subsection 1. The plan shall align all professional development with the school district's long-range student learning goals and the Iowa teaching standards. The plan shall indicate the school district's approved professional development provider or providers. 4. In cooperation with the teacher's evaluator, the career teacher employed by a school district shall develop an individual teacher professional development plan. The evaluator shall consult with the teacher's supervisor on the development of the individual teacher professional development plan. The purpose of the plan is to promote individual and group professional development. The individual plan shall be based, at minimum, on the needs of the teacher, the Iowa teaching standards, and the student achievement goals of the attendance center and the school district as outlined in the comprehensive school improvement plan. The individual plan shall include goals for the individual which are beyond those required under the attendance center professional development plan developed pursuant to subsection 7. 5. The teacher's evaluator shall annually meet with the teacher to review progress in meeting the goals in the teacher's individual plan. The teacher shall present to the evaluator evidence of progress. The purpose of the meeting shall be to review the teacher's progress in meeting professional development goals in the plan and to review collaborative work with other staff on student achievement goals and to modify as necessary the teacher's individual plan to reflect the individual teacher's and the school district's needs and the individual's progress in meeting the goals in the plan. The teacher's supervisor and the evaluator shall review, modify, or accept modifications made to the teacher's individual plan. 6. School districts, a consortium of school districts, area education agencies, higher education institutions, and other public or private entities including professional associations may be approved by the state board to provide teacher professional development. The professional development program or offering shall, at minimum, meet the requirements of subsection 1. The state board shall adopt rules for the approval of professional development providers and standards for the district development plan. 7. Each attendance center shall develop an attendance center professional development plan. The purpose of the plan is to promote group professional development. The attendance center plan shall be based, at a minimum, on the needs of the teachers, the Iowa teaching standards, district professional development plans, and the student achievement goals of the attendance center and the school district as set forth in the comprehensive school improvement plan. 8. For each year in which a school district receives funds allocated for distribution to school districts for professional development pursuant to section 284.13, subsection 1, paragraph "d", the school district shall create quality professional development opportunities. The goal for the use of the funds is to provide one additional contract day or the equivalent thereof for professional development and use of the funds is limited to providing professional development to teachers, including additional salaries for time beyond the normal negotiated agreement; pay for substitute teachers, professional development materials, speakers, and professional development content; and costs associated with implementing the individual professional development plans. The use of the funds shall be balanced between school district, attendance center, and individual professional development plans, making every reasonable effort to provide equal access to all teachers. 9. The distribution of funds allocated for professional development pursuant to section 284.13, subsection 1, paragraph "d", shall be made in one payment on or about October 15 of the fiscal year for which the appropriation is made, taking into consideration the relative budget and cash position of the state resources. Moneys received pursuant to section 284.13, subsection 1, paragraph "d", shall not be commingled with state aid payments made under section 257.16 to a school district, shall be accounted for by the local school district separately from state aid payments, and are miscellaneous income for purposes of chapter 257. A school district shall maintain a separate listing within its budget for funds received and expenditures made pursuant to this subsection. A school district shall certify to the department of education how the school district allocated the funds and that moneys received under this subsection were used to supplement, not supplant, the professional development opportunities the school district would otherwise make available. 10. If funds are allocated for purposes of professional development pursuant to section 284.13, subsection 1, paragraph "e", the department shall, in collaboration with the area education agencies, establish teacher development academies for school-based teams of teachers and instructional leaders. Each academy shall include an institute and shall provide follow-up training and coaching.

         Section History: Recent Form

         2001 Acts, ch 161, §7; 2002 Acts, ch 1152, §14; 2003 Acts, ch 180,
      §42; 2006 Acts, ch 1182, §13, 14; 2007 Acts, ch 108, §20--23
         Referred to in § 256.7, 256C.3, 284.13
        

284.7 IOWA TEACHER CAREER PATH. To promote continuous improvement in Iowa's quality teaching workforce and to give Iowa teachers the opportunity for career recognition that reflects the various roles teachers play as educational leaders, an Iowa teacher career path is established for teachers employed by school districts. A school district shall use funding allocated under section 284.13, subsection 1, paragraph "h", to raise teacher salaries to meet the requirements of this section. The Iowa teacher career path and salary minimums are as follows: 1. The following career path levels are established and shall be implemented in accordance with this chapter: a. Beginning teacher. (1) A beginning teacher is a teacher who meets the following requirements: (a) Has successfully completed an approved practitioner preparation program as defined in section 272.1 or holds an intern teacher license issued by the board of educational examiners under chapter 272. (b) Holds an initial or intern teacher license issued by the board of educational examiners. (c) Participates in the beginning teacher mentoring and induction program as provided in this chapter. (2) Beginning July 1, 2007, the minimum salary for a beginning teacher shall be twenty-six thousand five hundred dollars. b. Career teacher. (1) A career teacher is a teacher who meets the following requirements: (a) Has successfully completed the beginning teacher mentoring and induction program and has successfully completed a comprehensive evaluation as provided in this chapter. (b) Is reviewed by the school district as demonstrating the competencies of a career teacher. (c) Holds a valid license issued by the board of educational examiners. (d) Participates in teacher professional development as set forth in this chapter and demonstrates continuous improvement in teaching. (2) Beginning July 1, 2007, the minimum salary for a first-year career teacher shall be twenty-seven thousand five hundred dollars and the minimum salary for all other career teachers shall be twenty-eight thousand five hundred dollars. 2. It is the intent of the general assembly to establish and require the implementation of and provide for the implementation of the following additional career path levels: a. Career II teacher. (1) A career II teacher is a teacher who meets the requirements of subsection 1, paragraph "b", has met the requirements established by the school district that employs the teacher, and is evaluated by the school district as demonstrating the competencies of a career II teacher. The teacher shall have successfully completed a performance review in order to be classified as a career II teacher. (2) It is the intent of the general assembly that the participating district shall establish a minimum salary for a career II teacher that is at least five thousand dollars greater than the minimum career teacher salary. It is further intended that the district shall adopt a plan that facilitates the transition of a career teacher to a career II level. b. Advanced teacher. (1) An advanced teacher is a teacher who meets the following requirements: (a) Receives the recommendation of the review panel that the teacher possesses superior teaching skills and that the teacher should be classified as an advanced teacher. (b) Holds a valid license from the board of educational examiners. (c) Participates in teacher professional development as outlined in this chapter and demonstrates continuous improvement in teaching. (d) Possesses the skills and qualifications to assume leadership roles. (2) It is the intent of the general assembly that the participating district shall establish a minimum salary for an advanced teacher that is at least thirteen thousand five hundred dollars greater than the minimum career teacher salary. In conjunction with the development of the review panel pursuant to section 284.9, the department shall make recommendations to the general assembly by January 1, 2002, regarding the appropriate district-to-district recognition for advanced teachers and methods that facilitate the transition of a teacher to the advanced level. 3. A teacher shall be promoted one level at a time and a teacher promoted to the next career level shall remain at that level for at least one year before requesting promotion to the next career level. 4. A teacher employed in a district shall not receive less compensation in that district than the teacher received in the school year preceding participation, as set forth in section 284.4 due to implementation of this chapter. A teacher who achieves national board for professional teaching standards certification and meets the requirements of section 256.44 shall continue to receive the award as specified in section 256.44 in addition to the compensation set forth in this section. 5. a. If the licensed employees of a school district or area education agency receiving funds pursuant to section 284.13, subsection 1, paragraph "h" or "i", for purposes of this section, are organized under chapter 20 for collective bargaining purposes, the board of directors and the certified bargaining representative for the licensed employees shall mutually agree upon a formula for distributing the funds among the teachers employed by the school district or area education agency. However, the school district must comply with the salary minimums provided for in this section. The parties shall follow the negotiation and bargaining procedures specified in chapter 20 except that if the parties reach an impasse, neither impasse procedures agreed to by the parties nor sections 20.20 through 20.22 shall apply and the funds shall be paid as provided in paragraph "b". Negotiations under this section are subject to the scope of negotiations specified in section 20.9. If a board of directors and the certified bargaining representative for licensed employees have not reached mutual agreement for the distribution of funds received pursuant to section 284.13, subsection 1, paragraph "h" or "i", by September 15 of the fiscal year for which the funds are distributed, paragraph "b" of this subsection shall apply. b. If, once the minimum salary requirements of this section have been met by the school district or area education agency, and the school district or area education agency receiving funds pursuant to section 284.13, subsection 1, paragraph "h" or "i", for purposes of this section, and the certified bargaining representative for the licensed employees have not reached an agreement for distribution of the funds remaining, in accordance with paragraph "a", the board of directors shall divide the funds remaining among full-time teachers employed by the district or area education agency whose regular compensation is equal to or greater than the minimum salary specified in this section. The payment amount for teachers employed on less than a full-time basis shall be prorated. c. If the licensed employees of a school district or area education agency are not organized for collective bargaining purposes, the board of directors shall determine the method of distribution of such funds. d. For the school year beginning July 1, 2008, and each succeeding school year, if the licensed employees of a school district or area education agency receiving funds pursuant to section 284.13, subsection 1, paragraph "h" or "i", for purposes of this section, are organized under chapter 20 for collective bargaining purposes, the school board and the certified bargaining representative for the licensed employees shall negotiate a formula for distributing the funds among the teachers employed by the school district or area education agency according to chapter 20. Paragraphs "a" and "b" shall apply to any increases in the funds provided above the base year.

         Section History: Recent Form

         2001 Acts, ch 161, §8; 2001 Acts, ch 177, §5, 6, 15; 2002 Acts, ch
      1152, §15, 16; 2003 Acts, ch 180, §43--46; 2006 Acts, ch 1182,
      §15--21; 2007 Acts, ch 108, §24--30
         Referred to in § 284.2, 284.8, 284.13
        

284.8 PERFORMANCE REVIEW REQUIREMENTS FOR TEACHERS. 1. A school district shall review a teacher's performance at least once every three years for purposes of assisting teachers in making continuous improvement, documenting continued competence in the Iowa teaching standards, identifying teachers in need of improvement, or to determine whether the teacher's practice meets school district expectations for career advancement in accordance with section 284.7. The review shall include, at minimum, classroom observation of the teacher, the teacher's progress, and implementation of the teacher's individual professional development plan, subject to the level of funding provided to implement the plan; and shall include supporting documentation from other evaluators, teachers, parents, and students. 2. If a supervisor or an evaluator determines, at any time, as a result of a teacher's performance that the teacher is not meeting district expectations under the Iowa teaching standards specified in section 284.3, subsection 1, paragraphs "a" through "h", the criteria for the Iowa teaching standards developed by the department in accordance with section 256.9, subsection 50, and any other standards or criteria established in the collective bargaining agreement, the evaluator shall, at the direction of the teacher's supervisor, recommend to the district that the teacher participate in an intensive assistance program. The intensive assistance program and its implementation are subject to negotiation and grievance procedures established pursuant to chapter 20. All school districts shall be prepared to offer an intensive assistance program. 3. If a teacher is denied advancement to the career II or advanced teacher level based upon a performance review, the teacher may appeal the decision to an adjudicator under the process established under section 279.17. However, the decision of the adjudicator is final. 4. A teacher who is not meeting the applicable standards and criteria based on a determination made pursuant to subsection 2 shall participate in an intensive assistance program.

         Section History: Recent Form

         2001 Acts, ch 161, §9; 2002 Acts, ch 1152, §17; 2003 Acts, ch 180,
      §47; 2006 Acts, ch 1182, §22; 2007 Acts, ch 108, §31, 32; 2007 Acts,
      ch 215, §253
        

284.9 REVIEW PANEL. 1. A career II teacher seeking to receive an advanced designation shall submit a portfolio of work evidence aligned with the Iowa teaching standards to a review panel established in accordance with subsection 2. A majority of the evidence in the portfolio shall be classroom-based. The review panel shall evaluate the career II teacher's portfolio to determine whether the teacher demonstrates superior teaching skills and shall make a recommendation to the board of educational examiners whether or not the teacher shall receive an advanced designation. The standards for recommendation include, but are not limited to, meeting the Iowa teaching standards at an advanced level. 2. The department shall establish up to five regional review panels consisting of five members per panel. Each panel shall include, at a minimum, a nationally board-certified teacher and a school district administrator. Panel members shall be appointed by the director and shall possess the knowledge necessary to determine the quality of the evidence submitted in an applicant's portfolio. Panel members shall serve staggered three-year terms and may be reappointed to a second term. The department shall provide support and evaluation training for panel members and convene panels as needed. Panel members shall be reimbursed for mileage expenses incurred while engaged in the performance of official duties and shall receive per diem compensation by the department. 3. To assure fairness and consistency in the evaluation process, the review panels may perform random audits of the comprehensive evaluations and performance reviews conducted by evaluators throughout the state, and may randomly review how the evaluators are evaluating teachers based upon the Iowa teaching standards. 4. A teacher who does not receive a recommendation from a review panel may appeal that denial to an administrative law judge located in the department of inspections and appeals. The state shall not be liable for a teacher's attorney fees, costs, or damages that may result from an appeal of a review panel's decision. The state board shall adopt rules to administer this section.

         Section History: Recent Form

         2001 Acts, ch 161, §10; 2001 Acts, ch 177, §7, 15; 2003 Acts, ch
      180, §48
         Referred to in § 284.7
        

284.10 EVALUATOR TRAINING PROGRAM. 1. The department shall establish an evaluator training program to improve the skills of school district evaluators in making employment decisions, making recommendations for licensure, and moving teachers through a career path as established under this chapter. The department shall consult with persons representing teachers, national board-certified teachers, administrators, school boards, higher education institutions with approved practitioner and administrator preparation programs, and with persons from the private sector knowledgeable in employment evaluation and evaluator training in order to develop standards and requirements for the program. Evaluator training programs offered pursuant to this chapter may be provided by a public or private entity. The department shall distribute a list of evaluator training program providers to each school district. 2. An administrator licensed under chapter 272 who conducts evaluations of teachers for purposes of this chapter shall complete the evaluator training program. A practitioner licensed under chapter 272 who is not an administrator may enroll in the evaluator training program. Enrollment preference shall be given to administrators. Upon successful completion, the provider shall certify that the administrator or other practitioner is qualified to conduct evaluations for employment, make recommendations for licensure, and make recommendations that a teacher is qualified to advance from one career path level to the next career path level pursuant to this chapter. Certification is for a period of five years and may be renewed. 3. A higher education institution approved by the state board to provide an administrator preparation program shall incorporate the evaluator training program into the program offered by the institution. 4. The board of educational examiners shall require certification as a condition of issuing or renewing an administrator's license. 5. By July 1, 2007, the director shall develop and implement an evaluator training certification renewal program for administrators and other practitioners who need to renew a certificate issued pursuant to this section.

         Section History: Recent Form

         2001 Acts, ch 161, §11, 25; 2001 Acts, ch 177, §8, 15; 2002 Acts,
      ch 1152, §18; 2003 Acts, ch 180, §49; 2004 Acts, ch 1175, §95; 2006
      Acts, ch 1182, §23
         Referred to in § 284.2, 284.4, 284.13
        

284.11 MARKET FACTOR TEACHER INCENTIVES. 1. The general assembly finds that Iowa school districts need to be more competitive in recruiting and retaining talented professionals into the teaching profession. To ensure that school districts in all areas of the state have the ability to attract highly qualified teachers, it is the intent of the general assembly to encourage school districts to provide incentives for traditionally hard-to-staff schools and subject-area shortages. This section provides for state assistance to allow school districts to add a market factor incentive paid by the school districts. 2. A school district shall be paid annually, from moneys allocated for market factor incentives pursuant to section 284.13, subsection 1, paragraph "f", an amount of state assistance to create market factor incentives for classroom teachers in the school district. Market factor incentives may include but are not limited to salaries, educational opportunities and support, moving expenses, and housing expenses for the recruitment and retention needs of the school district in such areas as hard-to-staff schools and subject-area shortages, improving the racial or ethnic diversity on local teaching staffs, funding to prepare a teacher to attain a license or endorsement in a shortage area, or funds to support educational support personnel in pursuing a license in a shortage area. The teacher quality committee established pursuant to section 284.4, subsection 1, paragraph "c", shall make recommendations to the school board and the certified bargaining representative regarding the expenditures of market factor incentives. 3. The allocations to each school district shall be made in one payment on or about October 15 of the fiscal year for which the appropriation is made, taking into consideration the relative budget and cash position of the state resources. Moneys received under this section shall not be commingled with state aid payments made under section 257.16 to a school district and shall be accounted for by the local school district separately from state aid payments. Payments made to school districts under this section are miscellaneous income for purposes of chapter 257. A school district shall maintain a separate listing within its budget for payments received and expenditures made pursuant to this section. A school district shall certify to the department of education how the school district allocated the funds and how the moneys received under this section were used. 4. The department shall include market factor incentives when reporting in the annual condition of education report on the use of funds allocated for purposes of this section. The department shall review the use and effectiveness of the use of funds allocated for purposes of this section and shall submit its findings and recommendations in a report to the general assembly by January 15, 2008. It is the intent of the general assembly to reevaluate the fiscal year allocations made pursuant to section 284.13, subsection 1, paragraph "f", subparagraphs (2) and (3), based upon this report.

         Section History: Recent Form

         2001 Acts, ch 161, §12; 2001 Acts, ch 177, §9, 10, 15; 2003 Acts,
      ch 44, §58; 2003 Acts, ch 108, §50; 2003 Acts, ch 180, §50; 2006
      Acts, ch 1182, §24; 2007 Acts, ch 108, §33
         Referred to in § 284.13
        

284.12 REPORTS -- RULES. 1. The department shall annually report the statewide progress on the following: a. Student achievement scores in mathematics and reading at the fourth and eighth grade levels on a district-by-district basis as reported to the local communities pursuant to section 256.7, subsection 21, paragraph "c". b. Evaluator training program. c. Changes and improvements in the evaluation of teachers under the Iowa teaching standards. 2. The report shall be made available to the chairpersons and ranking members of the senate and house committees on education, the deans of the colleges of education at approved practitioner preparation institutions in this state, the state board, the governor, and school districts by January 1. School districts shall provide information as required by the department for the compilation of the report and for accounting and auditing purposes. 3. In developing administrative rules for consideration by the state board, the department shall consult with persons representing teachers, administrators, school boards, approved practitioner preparation institutions, and other appropriate education stakeholders.

         Section History: Recent Form

         2001 Acts, ch 161, §13; 2001 Acts, ch 177, §11, 15; 2003 Acts, ch
      45, §1; 2005 Acts, ch 19, §39; 2007 Acts, ch 108, §34, 35
        

284.13 STATE PROGRAM ALLOCATION. 1. For each fiscal year in which moneys are appropriated by the general assembly for purposes of the student achievement and teacher quality program, the moneys shall be allocated as follows in the following priority order: a. For each fiscal year of the fiscal period beginning July 1, 2007, and ending June 30, 2009, to the department of education, the amount of one million eighty-seven thousand five hundred dollars for the issuance of national board certification awards in accordance with section 256.44. (1) Of the amount allocated under this paragraph "a", not less than eighty-five thousand dollars shall be used to administer the ambassador to education position in accordance with section 256.45. (2) Of the amount allocated under this paragraph "a", for the fiscal year beginning July 1, 2007, and ending June 30, 2008, not less than one million dollars shall be used to supplement the allocation of funds for market factor teacher incentives made pursuant to paragraph "f", subparagraph (1). b. For the fiscal year beginning July 1, 2006, and succeeding fiscal years, an amount up to four million six hundred fifty thousand dollars for first-year and second-year beginning teachers, to the department of education for distribution to school districts and area education agencies for purposes of the beginning teacher mentoring and induction programs. A school district or area education agency shall receive one thousand three hundred dollars per beginning teacher participating in the program. If the funds appropriated for the program are insufficient to pay mentors, school districts, and area education agencies as provided in this paragraph, the department shall prorate the amount distributed to school districts and area education agencies based upon the amount appropriated. Moneys received by a school district or area education agency pursuant to this paragraph shall be expended to provide each mentor with an award of five hundred dollars per semester, at a minimum, for participation in the school district's or area education agency's beginning teacher mentoring and induction program; to implement the plan; and to pay any applicable costs of the employer's share of contributions to federal social security and the Iowa public employees' retirement system or a pension and annuity retirement system established under chapter 294, for such amounts paid by the district or area education agency. c. For each fiscal year of the fiscal period beginning July 1, 2007, and ending June 30, 2009, up to six hundred ninety-five thousand dollars to the department for purposes of implementing the professional development program requirements of section 284.6, assistance in developing model evidence for teacher quality committees established pursuant to section 284.4, subsection 1, paragraph "c", and the evaluator training program in section 284.10. A portion of the funds allocated to the department for purposes of this paragraph may be used by the department for administrative purposes and for not more than four full-time equivalent positions. d. (1) For the fiscal year beginning July 1, 2007, and ending June 30, 2008, up to twenty million dollars to the department for use by school districts for professional development as provided in section 284.6. The department shall distribute funds allocated for the purpose of this paragraph based on the average per diem contract salary for each district as reported to the department for the school year beginning July 1, 2006, multiplied by the total number of full-time equivalent teachers in the base year. The department shall adjust each district's average per diem salary by the allowable growth rate established under section 257.8 for the fiscal year beginning July 1, 2007. The contract salary amount shall be the amount paid for their regular responsibilities but shall not include pay for extracurricular activities. These funds shall not supplant existing funding for professional development activities. Notwithstanding any provision to the contrary, moneys received by a school district under this paragraph shall not revert but shall remain available for the same purpose in the succeeding fiscal year. A school district shall submit a report to the department in a manner determined by the department describing its use of the funds received under this paragraph. The department shall submit a report on school district use of the moneys distributed pursuant to this paragraph to the general assembly and the legislative services agency not later than January 15 of the fiscal year for which moneys are allocated for purposes of this paragraph. (2) From moneys available under subparagraph (1) for the fiscal year beginning July 1, 2007, and ending June 30, 2008, the department shall allocate to area education agencies an amount per teacher employed by an area education agency that is approximately equivalent to the average per teacher amount allocated to the districts. The average per teacher amount shall be calculated by dividing the total number of teachers employed by school districts and the teachers employed by area education agencies into the total amount of moneys available under subparagraph (1). e. For the fiscal year beginning July 1, 2007, and ending June 30, 2008, an amount up to one million eight hundred forty-five thousand dollars to the department for the establishment of teacher development academies in accordance with section 284.6, subsection 10. A portion of the funds allocated to the department for purposes of this paragraph may be used for administrative purposes. f. For purposes of market factor teacher incentives pursuant to section 284.11, the following amounts are allocated to the department for the following fiscal years: (1) (a) For each fiscal year of the fiscal period beginning July 1, 2006, and ending June 30, 2008, the sum of three million three hundred ninety thousand dollars. (b) Of the amount allocated under subparagraph subdivision (a), for the fiscal year beginning July 1, 2007, and ending June 30, 2008, not less than one million dollars shall be used by the department to assist school districts to recruit, employ, and retain qualified teacher librarians, guidance counselors, and school nurses and to meet the goals established in section 256.11, subsections 9A and 9B. To be eligible for assistance, a school district shall submit an application to the department by September 1, 2007. The department shall distribute assistance under this subparagraph subdivision by November 1, 2007. Moneys received by a school district pursuant to this subparagraph subdivision shall be used only to comply with section 256.11, subsection 9, 9A, or 9B. (2) For the fiscal year beginning July 1, 2008, and ending June 30, 2009, the sum of seven million five hundred thousand dollars. (3) For the fiscal year beginning July 1, 2009, and ending June 30, 2010, the sum of six million six hundred ten thousand dollars. The department shall use the formula set forth in paragraph "h" to distribute moneys allocated under this paragraph. g. For purposes of the pay-for-performance and career ladder pilots established pursuant to sections 284.14 and 284.14A, the following amounts are allocated to the department of education for the following fiscal years: (1) For the fiscal year beginning July 1, 2006, and ending June 30, 2007, the sum of one million dollars. Of the amount allocated under this subparagraph, an amount equal to one hundred fifty thousand dollars shall be distributed to the institute for tomorrow's workforce created pursuant to section 7K.1 for the activities of the institute. (2) For the fiscal year beginning July 1, 2007, and ending June 30, 2008, the sum of one million dollars. From the amount allocated under this subparagraph, an amount up to ten thousand dollars shall be used for purposes of the pay-for-performance commission's expenses, an amount up to one hundred thousand dollars shall be used by the department for oversight and administration of the planning pilots as provided in sections 284.14 and 284.14A, and an amount up to two hundred thousand dollars shall be used for the employment of an external evaluator. (3) For the fiscal year beginning July 1, 2008, and ending June 30, 2009, the sum of two million five hundred thousand dollars. From the amount allocated for the fiscal year under this subparagraph, an amount up to ten thousand dollars shall be used for purposes of the pay-for-performance commission's expenses, an amount up to one hundred thousand dollars shall be used by the department for oversight and administration of the implementation pilots as provided in sections 284.14 and 284.14A, and an amount up to two hundred thousand dollars shall be used for the employment of an external evaluator. h. For each fiscal year in which funds are appropriated for purposes of this chapter, the moneys remaining after distribution as provided in paragraphs "a" through "g" shall be allocated to school districts for salaries in accordance with the following formula: (1) Fifty percent of the allocation shall be in the proportion that the basic enrollment of a school district bears to the sum of the basic enrollments of all school districts in the state for the budget year. (2) Fifty percent of the allocation shall be based upon the proportion that the number of full-time equivalent teachers employed by a school district bears to the sum of the number of full-time equivalent teachers who are employed by all school districts in the state for the base year. i. From moneys available under paragraph "h", the department shall allocate to area education agencies an amount per teacher employed by an area education agency that is approximately equivalent to the average per teacher amount allocated to the districts. The average per teacher amount shall be calculated by dividing the total number of teachers employed by school districts and the teachers employed by area education agencies into the total amount of moneys available under paragraph "h". j. Notwithstanding section 8.33, any moneys remaining unencumbered or unobligated from the moneys allocated for purposes of paragraph "a", "b", "c", or "g" shall not revert but shall remain available in the succeeding fiscal year for expenditure for the purposes designated. The provisions of section 8.39 shall not apply to the funds appropriated pursuant to this subsection. 2. A school district that is unable to meet the provisions of section 284.7, subsection 1, with funds allocated pursuant to subsection 1, paragraph "h", may request a waiver from the department to use funds appropriated under chapter 256D to meet the provisions of section 284.7, subsection 1, if the difference between the funds allocated to the school district pursuant to subsection 1, paragraph "h", and the amount required to comply with section 284.7, subsection 1, is not less than ten thousand dollars. The department shall consider the average class size of the school district, the school district's actual unspent balance from the preceding year, and the school district's current financial position. 3. Moneys received by a school district under this chapter are miscellaneous income for purposes of chapter 257 or are considered encumbered. A school district shall maintain a separate listing within its budget for payments received and expenditures made pursuant to this section.

         Section History: Recent Form

         2001 Acts, ch 177, §12, 15; 2002 Acts, ch 1152, §19, 20; 2003
      Acts, ch 179, §116, 117; 2003 Acts, ch 182, §16, 17, 19, 20; 2004
      Acts, ch 1175, §97, 98, 100; 2005 Acts, ch 169, §30--33; 2006 Acts,
      ch 1180, §26, 27; 2006 Acts, ch 1182, §25, 26; 2007 Acts, ch 108,
      §36--45, 64; 2007 Acts, ch 215, §103
         Referred to in § 284.4, 284.5, 284.6, 284.7, 284.11
        

284.14 PAY-FOR-PERFORMANCE PROGRAM. 1. Intent. The intent of this section is to create a process by which select Iowa school districts research, develop, and implement projects designed to identify promising practices related to enhanced teacher compensation career ladders and performance pay models. 2. Commission. A pay-for-performance commission is established to design and implement a pay-for-performance pilot project and provide a study relating to teacher and staff compensation containing a pay-for-performance component. The study shall measure the cost and effectiveness in raising student achievement of a compensation system that provides financial incentives based on student performance. The commission is part of the executive branch of government. 3. Development of program. Beginning July 1, 2006, the commission shall gather sufficient information to identify a pay-for-performance program based upon student achievement gains and global content standards where student achievement gains cannot be easily measured. The commission shall review pay-for-performance programs in both the public and private sectors. a. Commencing with the school year beginning July 1, 2007, the commission shall initiate planning pilots, in selected kindergarten through grade twelve schools, to test the effectiveness of the pay-for-performance program. The purpose of the planning pilots is to identify the strengths and weaknesses of various pay-for-performance program designs, evaluate cost effectiveness, analyze student achievement needs, select formative and summative student achievement measures that align to identify needs, consider necessary supports related to the student achievement goals in the school district's comprehensive school improvement plan, review assessment needs, identify mechanisms to account for existing teacher contract provisions within the proposed career ladder salary increments, allow thorough review of data, and make necessary adjustments before proposing implementation of the pay-for-performance program statewide. b. Commencing with the school year beginning July 1, 2007, the commission shall select two school districts as planning pilots. Participants shall provide reports or other information as required by the commission. c. Commencing with the school year beginning July 1, 2008, the commission shall administer two implementation pilots in the school districts selected for planning pilots under paragraph "b". 4. Reports and final study. Based on the information generated by the planning and implementation pilots, the commission shall prepare an interim report by January 14, 2008, followed by interim progress reports annually, followed by a final study report analyzing the effectiveness of pay-for-performance in raising student achievement levels. The final study report shall be completed no later than six months after the completion of the planning and implementation pilots. The commission shall provide copies of the final study report to the department of education and to the general assembly. 5. Iowa excellence fund. An Iowa excellence fund is created within the office of the treasurer of state, to be administered by the commission. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain in the fund. The commission may provide grants from this fund, according to criteria developed by the commission, for implementation of the pay-for-performance program.

         Section History: Recent Form

         2006 Acts, ch 1182, §27; 2007 Acts, ch 108, §46--48
         Referred to in § 284.13
        

284.14A CAREER LADDER PILOTS. 1. Intent. The intent of this section is to create a process by which select Iowa school districts research, develop, and implement pilots designed to identify promising practices related to enhanced teacher compensation career ladder models. 2. Pilot established. A career ladder pilot is established to be designed, implemented, and administered by the department. The department shall gather sufficient information to identify a career ladder pilot. a. For the school year beginning July 1, 2007, and ending June 30, 2008, the department shall select up to eight school districts as planning pilots. Participants shall provide reports or other information as required by the department. b. For the school year beginning July 1, 2008, and ending June 30, 2009, the department shall administer up to eight implementation pilots in the school districts selected for planning pilots under paragraph "a". 3. Interim and final reports. Based on the information generated by the planning and implementation pilots, the department shall submit an interim report to the general assembly by January 14 annually, and shall submit a final report summarizing the effectiveness of the pilots in raising student achievement levels to the general assembly no later than six months after the completion of the planning and implementation pilots.

         Section History: Recent Form

         2007 Acts, ch 108, §49
         Referred to in § 284.13

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