students come first senate bill 1108 and trailer bill l.
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“In Idaho, Every student must have a highly effective teacher every year and a highly effective instructional leader at the head of every school. Why? Because we know that once a child arrives at school the most important factor in a child’s academic success is the quality of the teacher in the classroom. A highly effective principal is just as critical.”

-Superintendent of Public Instruction Tom Luna,

January 12, 2011

Senate Bill 1108

This part of Idaho’s Students Come First legislation relates to labor relations and employee entitlements.

This legislation returns decision-making powers to locally elected school boards and creates a more professional and accountable work force.

Senate Bill 1108

 In summary, this legislation:

Phases out tenure for all current and future teachers who have not yet earned it, to be replaced by one- or two-year contracts.

Requires feedback from parents and objective measures of growth in student achievement as a factor in the performance evaluations of professional staff.

Eliminates seniority as a factor in reduction in force decisions.

Enhances accountability by giving principals more control over the new professional staff assigned to their building.

Provides liability insurance options for teachers.

Eliminates the Early Retirement Incentive Program.

Senate Bill 1108

 In summary, this legislation:

Eliminates the 99% average daily attendance protection feature of the state funding formula and replaces it with a 10% severance fee to be paid to any professional staff whose positions must be eliminated due to lost enrollment.

This was revised with the passage of House Bill 315 which restored 97% funding for one year but eliminated the severance.

Limits the length of negotiated labor agreements to one year.

Eliminates “evergreen” clauses from negotiated labor agreements.

Requires that unions provide documentation that they represent over 50% of employees in order for collective bargaining to take place.

Limits collective bargaining to salaries and benefits.

Requires that all labor negotiations be conducted in public meetings.

Senate Bill 1108

2010-2011 School Year

Implemented 1/31/2011- The state will phase out tenure by offering all new teachers a one year or two-year rolling contract. 

Implemented 3/17/2011- The state will eliminate seniority as a criterion for Reduction in Force (RIF) statewide.

Implemented 3/17/2011- School district salary negotiations must be held in open public meetings.

Senate Bill 1108 Timeline

2010-2011 School Year Continued

Implemented 3/17/2011- Collective bargaining may not extend the end of the state fiscal year (evergreen).

Implemented 3/17/2011- Collective bargaining limited to salaries & benefits.

Implemented 3/17/2011- The state will eliminate the Early Retirement Incentive Program.

Implemented 3/17/2011- Building principals have the authority to select new staff at school level.

Senate Bill 1108 Timeline

2011-2012 School Year

Implemented First Day of School Year- Districts will ensure every Idaho teacher is well-informed of all liability insurance options available.

District provides a list of liability insurance options on the first day all teachers and staff are required to report back to school for the start of the school year.

Employees sign a form indicating that they have received information about their insurance options.

Senate Bill 1108 Timeline

2012-2013 School Year

Implemented by 7/1/2012- The state will tie all teacher and administrator performance evaluations to student academic growth.

Implemented by 7/1/2012- Parent input must be included as a part of all teacher performance evaluations.

Senate Bill 1108 Timeline

phasing out continuing contract status
33-515: Issuance of Renewable Contracts

“After January 31, 2011, no new employment contract between a school district and a certificated employee shall result in the vesting of tenure, continued expectations of employment or property rights in an employment relationship.”

Districts cannot recognize out-of-state renewable contract status.

Phasing Out Continuing Contract Status
things to consider
Will you recognize renewable contract status of a teacher transferring into your district from another district?Things to Consider
eliminating seniority and contract status as a criterion in rif
33-522: Reduction in Force

“The decision to institute a reduction in force, and the selection of employee(s) subject to such reduction, shall be at the sole discretion of the board of trustees, except for the following limitation: The decision as to which employee(s) shall be subject to such reduction shall be made without consideration of employee seniority or contract status.”

Eliminating Seniority and Contract Status as a Criterion in RIF
things to consider14
Under what circumstances will RIF be implemented?

Decrease in student enrollment, financial issues, changes in curriculum focus.

By what means will RIF be implemented?

Entire programs, positions at certain grade levels or subject areas, etc.

Things to Consider
things to consider15
What criteria will you utilize in determining which teachers are retained and which ones are let go?

Results of teacher evaluation

Student achievement results

Highly Qualified status in current subject being taught

Degrees held

Core versus elective courses

Holds leadership positions

Number of Certifications for which Highly Qualified

Things to Consider
eliminating continuation clauses in master agreements
33-1271A: Existing Agreements

“Any master contracts or negotiated agreement, by any name or title, existing as a result of negotiations between a board of trustees and a local education organization shall be subject to the terms of this act, regardless of any evergreen or continuation clause included in such contract or agreement.”

Eliminating Continuation Clauses in Master Agreements
things to consider17
Will you put pieces of your existing Master Contract into policy?

If so, what pieces?

Districts cannot negotiate with union if they do not qualify to represent professional instructional staff.

50% + 1

Things to Consider
new contracts
33-514 Issuance of Annual Contracts - - Categories of Contracts

There shall be two categories of annual contracts available to local school districts under which to employee certificated personnel.

Category A

Limited one year contract for certificated personnel in their first or greater years of service.

No property rights shall be attached to this contract.

Category B

Limited two year contract offered at the sole discretion of the board of trustees for certificated employees in their fourth or greater year of continuous employment with the same school district.

An additional year may be added to contract upon the expiration of the first year.

Board of trustees can terminate the second year of contract upon the conclusion of the first year, in the event of a reduction in force

Employee has a right to an informal review of decision to not reemploy.

No property rights shall attach to this contract.

New Contracts
new contracts19
Contracts must be distributed by July 1st.

Districts must provide a minimum of 10 days for teachers to sign and return Category A & B contracts to their local board. However, the default time period is 21 days, unless set otherwise by the Board of Trustees.

Employees shall be provided a written statement of reasons for non-reemployment by no later than July 1st.

New Contracts
things to consider20
Will you send out contracts by July 1st or at an earlier date?

Will you utilize Category B contracts?

If so, will you have additional qualifications other than four years of continuous service?

Will you stay with the 21 day default time period or establish a different number of days by which a contract must be signed and returned to the board?

What process will you establish for informal hearings when not renewing a Category B contract?

Things to Consider
changes associated with trailer bill hb 335
Changes Associated with Trailer Bill (HB 335)
  • No ability for teachers to recover wages withheld due to lack of a valid certificate.
  • School board must ratify/nullify decisions on leave of absence requests.
  • State law supersedes local agreements immediately.
  • Probation period defined by school board for those holding grandfathered renewable contracts.
changes associated with trailer bill hb 33522
Changes Associated with Trailer Bill (HB 335)
  • Supplemental contracts providing extra day assignments shall provide the same due process and property rights as the main contract the teacher is currently working under.
  • Administrative employees not counted towards meeting 50% threshold for union representation.
  • Reduces the number of times a union has to verify majority representation from two times annually to one time annually.
  • Compensation shall reflect the last best good faith offer if no agreement is reached by June 10th or if ratification of the agreement fails.
student achievement component in evaluations
33-513: Professional Personnel and 33-514: Issuance of Annual Contracts - - Written Evaluation

By July 1, 2012, 50% of all teacher, principal, director, superintendent and other district administrative employee evaluations must be based on objective measures of growth in student achievement as determined by the board of trustees.

Student Achievement Component in Evaluations
models or measures for student achievement component25
Schools can also consider school wide models identified in Senate Bill 1110 (Pay for Performance):

ISAT test results

Student graduation rate

Student dropout rate.

The student achievement portion of the evaluations is separate from Pay for Performance but you can use the same models of student achievement for both.

Models or Measures for Student Achievement Component
things to consider26
What areas of student achievement do you want to see improve?

Inspect what you expect!

What is your highest area of need?

Please keep in mind that you must resubmit your teacher evaluation models and policies once you have made these changes.

This is in compliance with Phase II American Recovery and Reinvestment Act (ARRA) requirements.

Things to Consider
parent and guardian input for evaluations
33-514: Issuance of Annual Contracts - - Written Evaluation

By July 1, 2012, input from the parents and guardians of students shall be considered as a factor in the evaluation of principals, any other school-based administrative employees and teachers.

This input shall be part of the written evaluation that must be completed before February 1 of each year.

Parent and Guardian Input for Evaluations
parent and guardian input for evaluations28
A number of Idaho school districts already utilize surveys to collect data for evaluations.

Some examples include:


Vision Charter 

Filer School District



Parent and Guardian Input for Evaluations
things to consider29
This requirement can enhance the collection of data that can be utilized to inform the administrator in completing a teacher’s evaluation.

Data collection could pull questions from each of the four domains and the components within those domains, or just focus on Domain 4c, communicating with families.

Domain 4, Professional Responsibilities, Component 4c, Communicating with families:

Teacher provides frequent information to families, as appropriate, about the instructional program. Students participate in preparing materials for their families.

Teacher provides information to families frequently on student progress, with students contributing to the design of the system. Response to family concerns is handled with great professional and cultural sensitivity.

Teacher’s efforts to engage families in the instructional program are frequent and successful. Students contribute ideas for projects that could be enhanced by family participation.

Things to Consider
things to consider30
You may want to review your district or school’s parent involvement policy/plan to see how you could integrate the survey into existing efforts.

You may want to consider performing a Parent Involvement Assessment to evaluate the areas that you need to focus on.

If you are looking for other information related to gathering parent/guardian input, please contact:

Matt Hyde

Parent Involvement Coordinator


Things to Consider
things to consider31
Will you consider informal communications received throughout the year or only formal surveys?

Will the district only consider surveys that have been signed by the parent or guardian?

Will the survey ask if the parent/guardian has attended parent/teacher conference or if they have spoken to your child’s teacher? 

What percentage of a teacher evaluation will be based on the parent/guardian input?

These types of questions can help the administration decide which surveys deserve more attention than others or which ones will be considered.

Things to Consider
process steps for implementation
Review Research

See Handout (Senate Bill 1108 Resources and Research)

Establish a Timeline for Implementation

Start with implementation date and work backwards for each component of Legislation that is considered an action item.

Utilizing student achievement as 50% of the evaluation must be fully implemented by July 1, 2012.

Establish what benchmarks need to be accomplished before that date.

Process Steps for Implementation
process steps for educator evaluations
Develop a committee consisting of all stakeholders

For teacher evaluation purposes this is required under IDAPA

School Board representative

Teacher representatives

Administrator representatives

Parent representatives

Local business representatives, etc.

Develop a Communication Strategy

Process Steps for Educator Evaluations
process steps for educator evaluations34
Create a method for receiving input

Surveys, Blogs, Community Forums, etc.

Collect evidence of process

Agenda, minutes from meetings

Draft guidance

Establish in Board Policy

Process Steps for Educator Evaluations
statutes that will change as a result of senate bill 1108 and trailer bills
33-513, 33-514, 33-515A, 33-515B, 33-516, 33-521, 33-522, 33-523, 33-524, 33-1003, 33-1004H, 33-1271, 33-1271A, 33-1273, 33-1273A, 33-1274, 33-1274A, 33-1275, 33-402Statutes That Will Change as a Result of Senate Bill 1108 and Trailer Bills