2008 Legislative Session _ 2008
1124ca
On the printed bill, delete everything after the enacting clause and insert:
"Section 1. There is hereby established a three-level classification system for certified teachers
and school service specialists that provides for a minimum annual salary for each certified teacher
or school service specialist within each level and requires a teacher or school service specialist to
demonstrate increased competency and professional growth in order to progress from one level to
the next within the system. For the purposes of this Act, a school service specialist is a school
counselor, school library media education specialist, school psychologist, speech/language
pathologist, school social worker, special education director, or curriculum director.
Section 2. For the purposes of this Act, on July 1, 2009, any certified teacher with less than three
years of teaching experience or any school service specialist with less than three years of experience
providing direct services to students is classified at Level I, and any certified teacher with three or
more years of teaching experience or any school service specialist with three or more years of
experience providing direct services to students is classified at Level II.
On July 1, 2010, any certified teacher or school service specialist classified at Level II shall
receive a salary increase of one thousand dollars above the salary the teacher or school service
specialist would have otherwise received for the current school fiscal year.
On July 1, 2011, any certified teacher with six or more years of teaching experience who meets
the qualifications in subdivisions (1) and (3) of section 6 of this Act is classified at Level III, and
shall receive a salary increase of four thousand dollars above the salary the teacher would have
otherwise received for the current school fiscal year. On July 1, 2011, any school service specialist
with six or more years of experience providing direct services to students who meets the
qualifications in subdivisions (1) and (3) of section 8 of this Act is classified at Level III, and shall
receive a salary increase of four thousand dollars above the salary the school service specialist would
have otherwise received for the current school fiscal year.
Section 3. The minimum annual salary for any teacher or school service specialist at Level I is
as follows:
(1) For school fiscal year 2011, the minimum annual salary is thirty thousand dollars; and
(2) For school fiscal year 2012 and thereafter, the minimum annual salary is the previous
school fiscal year's minimum annual salary increased by the index factor as defined in
subdivision 13-13-10.1(3).
Any teacher or school service specialist who progresses from Level I to Level II shall receive a
salary increase of one thousand dollars above the salary the teacher or school service specialist would
have otherwise received for the current school fiscal year. Any teacher or school service specialist
who progresses from Level II to Level III shall receive a salary increase of four thousand dollars
above the salary the teacher or school service specialist would have otherwise received for the
current school fiscal year.
Section 4. In order to advance from Level I to Level II, a teacher shall:
(1) Complete a mentoring or induction program approved by the Department of Education;
(2) Demonstrate competency, as determined by an administrator trained pursuant to section
13 of this Act, in professional growth and classroom achievement through the annual
evaluation process required in section 10 of this Act. Classroom achievement may be
measured using standardized achievement tests, classroom exams, observations of
student/teacher interactions, and other assessments;
(3) Complete three years of teaching at Level I; and
(4) Demonstrate the increased competency required for Level II by passing an assessment
approved by the Department of Education that measures the skills of beginning teachers
in a classroom setting.
When a teacher has completed the requirements established in this section, the local school board
shall submit documentation of that completion to the Department of Education. The Department of
Education shall then review the documentation and issue a certificate to any teacher that the secretary
of education determines has successfully completed the requirements necessary to advance from
Level I to Level II.
Section 5. At Level II, a teacher shall:
(1) Submit a professional development plan and complete the hours of coursework necessary
to maintain teacher certification pursuant to
§
13-42-3; and
(2) Demonstrate competency, as determined by an administrator trained pursuant to section
13 of this Act, in professional growth and classroom achievement through the annual
evaluation process required in section 10 of this Act. Classroom achievement may be
measured using standardized achievement tests, classroom exams, observations of
student/teacher interactions, and other assessments.
Section 6. Once a teacher progresses to Level II, the teacher may remain at that level or progress
to Level III. In order to progress to Level III, a teacher shall:
(1) Earn an advanced degree including a master's, specialist's, or doctorate or obtain a
national certification as approved by the Board of Education based on the criteria
established pursuant to section 15 of this Act;
(2) Complete at least three years of teaching at Level II; and
(3) Demonstrate competency, as determined by an administrator trained pursuant to section
13 of this Act, in professional growth and classroom achievement through the annual
evaluation process required in section 10 of this Act. Classroom achievement may be
measured using standardized achievement tests, classroom exams, observations of
student/teacher interactions, and other assessments.
When a teacher has completed the requirements established in this section, the local school board
shall submit documentation of that completion to the Department of Education. The Department of
Education shall then review the documentation and issue a certificate to any teacher that the secretary
of education determines has successfully completed the requirements necessary to advance from
Level II to Level III.
Section 7. In order to advance from Level I to Level II, a school service specialist shall:
(1) Complete a mentoring or induction program approved by the Department of Education;
and
(2) Demonstrate competency, as determined by an administrator trained pursuant to section
13 of this Act, through the annual evaluation process required in section 12 of this Act.
When a school service specialist has completed the requirements established in this section, the
local school board shall submit documentation of that completion to the Department of Education.
The Department of Education shall then review the documentation and issue a certificate to any
school service specialist that the secretary of education determines has successfully completed the
requirements necessary to advance from Level I to Level II.
Section 8. Once a school service specialist progresses to Level II, the school service specialist
may remain at that level or progress to Level III. In order to progress to Level III, a school service
specialist shall:
(1) Earn an advanced degree including a master's, specialist's, or doctorate or obtain a
national certification as approved by the Board of Education based on the criteria
established pursuant to section 15 of this Act;
(2) Complete at least three years of providing direct services to students at Level II; and
(3) Demonstrate competency, as determined by an administrator trained pursuant to section
13 of this Act, through the annual evaluation process required in section 12 of this Act.
When a school service specialist has completed the requirements established in this section, the
local school board shall submit documentation of that completion to the Department of Education.
The Department of Education shall then review the documentation and issue a certificate to any
school service specialist that the secretary of education determines has successfully completed the
requirements necessary to advance from Level II to Level III.
Section 9. In addition to the minimum salaries established in this Act, any school district that
hires a teacher or school service specialist in an area of need shall pay that teacher or school service
specialist a signing bonus of two thousand five hundred dollars. The secretary of education shall
determine the areas of need for each school year based upon teacher or school service specialist
shortages, geography, and other factors and report those areas of need to each school district.
Section 10. The school board of each local school district shall implement an evaluation system
for the school district's certified teachers that includes observation of each certified teacher in the
teacher's workplace.
Section 11. The certified teacher evaluation system shall:
(1) Include professional performance standards established pursuant to section 11 of this Act;
(2) Require at least two observations during each school year for the evaluation of each Level
I teacher as defined in this Act;
(3) Require at least one observation during each school year for the evaluation of each Level
II or Level III teacher as defined in this Act who met the school district performance
standards during the previous school year; and
(4) Include an improvement plan for any certified teacher whose performance does not meet
the school district's performance standards, unless the teacher's performance is just cause
for termination pursuant to
§
13-43-6.1.
Section 12. The school board of each local school district shall also implement an evaluation
system for the school district's school service specialists that includes annual evaluations of all
school service specialists within the district based upon the criteria established by the Board of
Education pursuant to section 15 of this Act.
Section 13. Each school district shall, at least once a year, provide training to the certified
teachers and school service specialists who are subject to the evaluation systems. The training shall
address the procedures of the evaluation systems, the standards that the school district uses to
evaluate the performance of its certified teachers and school service specialists, and any other
appropriate topics as determined by the school district. Each school district shall also provide annual
training to administrators on how to conduct the evaluations required in section 10 and 12 of this
Act.
Section 14. The Department of Education shall promulgate rules pursuant to chapter 1-26
establishing the criteria the department will use to approve school district mentoring and induction
programs, establishing the assessment required of teachers progressing to Level II, and providing for
the performance standards that school districts will use to evaluate certified teachers.
Section 15. The Board of Education shall promulgate rules pursuant to chapter 1-26 establishing
the criteria the school districts will use to evaluate school service specialists and to establish the
criteria and the annual review process that the board will use to determine the national certifications
that will be recognized to allow a teacher or school service specialist to progress to Level III.
Section 16. Beginning on July 1, 2010, any funds that a school district receives through the
teacher compensation assistance program established in
§
13-3-73 shall be used to fund teachers
salaries according to the provisions of this Act.
Section 17. That
§
13-43-6.1
be amended to read as follows:
13-43-6.1.
A teacher may be terminated, by the school board, at any time for just cause, including
breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct,
insubordination, neglect of duty, or the violation of any policy or regulation of the school district.
A school district may nonrenew a teacher who is
in or beyond the fourth consecutive term of
employment as a teacher with the school district
classified at Level II or Level III in the classification
system established in section 1 of this Act
pursuant to § 13-43-6.3 for just cause, including breach
of contract, poor performance, incompetency, gross immorality, unprofessional conduct,
insubordination, neglect of duty, or the violation of any policy or regulation of the school district.
Section 18. That
§
13-43-6.3
be amended to read as follows:
13-43-6.3.
Until a teacher is
in or beyond the fourth consecutive term of employment as a teacher
with the school district
classified at Level II or Level III in the classification system established in
section 1 of this Act
, a school board may or may not renew the teacher's contract. The superintendent
or chief executive officer shall give written notice of nonrenewal by April fifteenth but is not
required to give further process or a reason for nonrenewal.
After a teacher is
in or beyond the fourth consecutive term of employment as a teacher with the
school district
classified at Level II or Level III in the classification system established in section 1
of this Act
, §§ 13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract. On or
before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the
school board in writing of the recommendation to not renew the teacher's contract.
Acceptance by the teacher of an offer from the district to enter into a new contract with the
teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in the
manner specified constitutes the termination of the existing contract between the teacher and the
district at the end of its term.
Section 19. This Act is effective on July 1, 2009."
1124ja
In the previous amendment (1124ca) at the end of section 3 insert:
"
The state shall fund the salary increases specified in this section. The superintendent of each
school district shall calculate the amount of money, if any, needed to raise each teacher's salary to
thirty thousand dollars. In addition, a calculation shall be made to provide the one thousand dollar
increase for each eligible teacher. However, any teacher eligible to receive a one thousand dollar or
more salary increase as a result of subdivision (1) is ineligible to receive the one thousand dollar
salary increase in subdivision (2). The state shall pay each school district the total amount of money
calculated for salary adjustments. The school board shall distribute the amount as a salary policy or
through modification of a salary schedule."
Moved by: Hargens
Second by: Gillespie
Action: Failed by voice vote.
MOTION:
DO PASS HB 1124 AS AMENDED
Moved by: Dykstra
Second by: Rave
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Brunner, Cutler, Deadrick, Dykstra, Faehn, Krebs, Rave, Turbiville, Rhoden
Voting No: Gillespie, Hargens, Miles
Excused: Moore
MOTION:
AMEND TITLE OF HB 1124
1124cta
On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "establish
a classification system, an evaluation system, and minimum annual salaries for certified teachers and
school service specialists, and to revise certain provisions relating to teacher tenure."
On page 1 of the printed bill, delete line 2.
Moved by: Brunner
Second by: Rave
Action: Prevailed by voice vote.
Gavel passed to Representative Joel Dykstra, Vice-Chair
SB 1: provide for nomination and election when a vacancy occurs in the office of
representative in the United States Congress due to extraordinary circumstances.
Presented by: Chris Nelson, Secretary of State
MOTION:
DO PASS SB 1
Moved by: Brunner
Second by: Krebs
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: Brunner, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Rave,
Turbiville
Excused: Cutler, Moore, Rhoden
MOTION:
PLACE SB 1 ON CONSENT CALENDAR
Moved by: Brunner
Second by: Turbiville
Action: Prevailed by voice vote.
SB 5: revise the requirement that the South Dakota Conservancy District pay interest
on its bonds semiannually and to revise certain provisions regarding the district's
authority to issue fixed or variable rate bonds.
Presented by: Dave Templeton, SD Department of Environment and Natural Resources
MOTION:
DO PASS SB 5
Moved by: Hargens
Second by: Brunner
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Rave,
Turbiville
Excused: Moore, Rhoden
MOTION:
PLACE SB 5 ON CONSENT CALENDAR
Moved by: Turbiville
Second by: Krebs
Action: Prevailed by voice vote.
SB 9: provide for the disposal of state surplus property.
Presented by: Jeff Bloomberg, Bureau of Administration
MOTION:
DO PASS SB 9
Moved by: Krebs
Second by: Brunner
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Rave,
Turbiville
Excused: Moore, Rhoden
MOTION:
PLACE SB 9 ON CONSENT CALENDAR
Moved by: Rave
Second by: Brunner
Action: Prevailed by voice vote.
SB 19: revise certain provisions regarding the duties of the executive director of the
South Dakota Science and Technology Authority.
Presented by: Tim Engel, SD Science and Technology Authority (HANDOUT #1)
MOTION:
DO PASS SB 19
Moved by: Hargens
Second by: Turbiville
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Krebs, Miles, Rave,
Turbiville
Excused: Moore, Rhoden
MOTION:
PLACE SB 19 ON CONSENT CALENDAR
Moved by: Cutler
Second by: Brunner
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Turbiville
Second by: Hargens
Action: Prevailed by voice vote.
Joyce Panzer
____________________________
Committee SecretaryLarry Rhoden, Chair
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