75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 93

                        Senate Bill 1048

Sponsored by Senator KRUSE; Senator HASS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Establishes Oregon Teacher Effectiveness and Career Enhancement
Initiative Program within Department of Education. Describes
application process and other requirements of program.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public school teachers; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 5 of this 2010 Act:
  (1) 'Effective teacher' means a teacher who has a majority of
students that demonstrate a rate of student achievement or
student growth of at least one grade level during a school year.
  (2) 'Program participant' means a public charter school, a
school district or an education service district that is a
participant in the Oregon Teacher Effectiveness and Career
Enhancement Initiative Program established by section 2 of this
2010 Act.
  (3) 'Student achievement' means:
  (a) A student's score on a state assessment; or
  (b) A student's performance, as measured by any of the
following indicators:
  (A) Progress on an interim assessment or a formative
assessment;
  (B) The timeline on which the student is expected to graduate
from high school;
  (C) A score on a college entrance exam; or
  (D) A score on a final examination for a course. + }  { +
  (4) 'Student growth' means the positive change in achievement
data for a student between successive points in time, as
corrected for measurement error. Student growth may be measured
by a variety of approaches based on longitudinal data and may
include other measurements of student learning. + }
  SECTION 2.  { + (1) The Oregon Teacher Effectiveness and Career
Enhancement Initiative Program is established in the Department
of Education.
  (2) The purpose of the program established by this section is
to encourage program participants to implement policy changes
that:
  (a) Facilitate the recruitment and retention of effective
teachers;

  (b) Support and reward teachers who improve their knowledge and
instructional skills; and
  (c) Increase student achievement and student growth.
  (3)(a) The department shall:
  (A) Create and make available a standard form by which an
applicant to be a program participant may apply to participate in
the program.
  (B) Establish timelines for applying to participate in the
program. The timelines must require the applicant to apply at
least one school year prior to the school year in which the
applicant expects to fully implement the policy changes.
  (b) Notwithstanding paragraph (a)(B) of this subsection, the
Superintendent of Public Instruction may waive the requirement
that an applicant apply at least one school year prior to the
school year in which the applicant expects to fully implement
policy changes if the superintendent determines that the
applicant does not need additional time to fully implement the
policy changes. + }
  SECTION 3.  { + (1) To be eligible to participate in the Oregon
Teacher Effectiveness and Career Enhancement Initiative Program
established by section 2 of this 2010 Act, an applicant to be a
program participant must have:
  (a) An up-to-date school improvement plan or district
continuous improvement plan; and
  (b) Research-based standards for teaching and professional
development that support a framework for professional practice
and that provide opportunities related to mentoring, performance
evaluation, professional development and teacher leadership.
  (2) An applicant to become a program participant must submit to
the Department of Education an implementation schedule and an
application that demonstrates an intent to:
  (a) Provide teachers with expanded career opportunities that
allow the teachers to pursue a variety of positions throughout
their careers, depending upon their interests, instructional
leadership abilities and accomplishments.
  (b) Ensure that the effectiveness of each teacher is evaluated
annually by using a reliable, transparent, equitable,
standards-based evaluation process that determines the
effectiveness of teachers by:
  (A) Using multiple measures that take into account student
achievement and student growth as primary factors; and
  (B) Identifying which of four designated performance evaluation
categories best describes each teacher's performance for the
school year.
  (c) Provide teachers with relevant and research-based
professional development that is ongoing, collaborative, centered
on students, integrated with the teacher's regular
responsibilities, located at the teacher's regular site of
employment and based on statewide standards for teacher
professional development.
  (d) If necessary, restructure school days, weeks or years to
provide time during the regular school day for teachers to meet,
learn and plan with other teachers while maintaining or
increasing student learning time.
  (e) Develop a compensation model for teachers that:
  (A) Does not base salary on seniority;
  (B) May provide additional compensation to an effective teacher
based on the responsibilities of the teacher, the accomplishments
of the teacher in the classroom and the performance of the
teacher's students; and
  (C) Does not reduce the current amount of compensation that is
paid to a teacher.
  (f) Document student achievement or student growth.
  (g) Offer incentives to increase the number and percentage of
effective teachers who teach in:

  (A) Schools in which more than 50 percent of students qualify
for a program providing free or reduced price lunches;
  (B) Rural schools; or
  (C) Subjects that are difficult to staff, including science,
mathematics, special education and English as a second language.
  (h) Offer incentives based on evidence of increased student
achievement or student growth to:
  (A) A school;
  (B) A teacher; or
  (C) A team composed of teachers or administrators in one or
more schools.
  (i) Allow any teacher employed by the program participant to
participate in the program without any quotas or other limits
related to teaching.
  (j) Encourage collaboration rather than competition among
teachers.
  (3) An application described in subsection (2) of this section
must:
  (a) For a public charter school, be submitted by the board of
directors of the public charter school and include evidence of
teacher support.
  (b) For a school district, be submitted by the district school
board and include evidence of support by the district
superintendent and the exclusive bargaining representative of the
teachers of the district.
  (c) For an education service district, be submitted by the
board of directors of the education service district and include
evidence of support by the superintendent of the district and
each of the exclusive bargaining representatives of the teachers
of the district. + }
  SECTION 4.  { + (1) Within 60 days of receiving a completed
application for the Oregon Teacher Effectiveness and Career
Enhancement Initiative Program established by section 2 of this
2010 Act, the Department of Education must convene a review
committee that includes teachers, administrators and policy
leaders to recommend to the Superintendent of Public Instruction
whether to approve or disapprove the application. Applications
shall be approved on a first-come, first-served basis contingent
upon available funding.
  (2) If an application is disapproved, the superintendent must
give the applicant timely notice of the specific reasons for
disapproving the application. The applicant may revise and
resubmit the application and related documents to the
superintendent within 30 days of receiving notice of the
superintendent's disapproval and the superintendent must approve
or disapprove the revised application within 60 days of receiving
the revised application.
  (3) If an application is approved, a program participant must
enter into a binding agreement with the superintendent that
outlines policy changes necessary to satisfy the intentions
described in the application. The agreement must be legally
binding on the program participant and, if necessary, become part
of the collective bargaining agreement.
  (4)(a) After an agreement is entered into, the program
participant is entitled to receive additional funding that equals
$100 per student in the school or district of the program
participant, based on the average number of students in the
school or district during the previous school year.
  (b) After the first school year in which a program participant
receives funding as described in paragraph (a) of this
subsection, the amount the program participant shall receive for
each student shall be adjusted based on the Consumer Price Index,
as defined in ORS 327.006. + }
  SECTION 5.  { + (1) Prior to June 15 of each year, each school
participating in the Oregon Teacher Effectiveness and Career

Enhancement Initiative Program established by section 2 of this
2010 Act shall provide a report:
  (a) For a program participant that is a public charter school,
to the district school board of the school district in which the
school is located;
  (b) For a program participant that is a school district, to the
district school board of the school district in which the school
is located; and
  (c) For a program participant that is an education service
district, to the board of directors for the education service
district in which the school is located.
  (2) A report provided under subsection (1) of this section
shall:
  (a) Describe the implementation and effectiveness of the policy
changes that the program participant agreed to implement in the
agreement entered into as provided by section 4 of this 2010 Act;
and
  (b) Identify the number and percentage of teachers in each of
the designated performance evaluation categories for each school.
  (3) A district school board or a board of directors of an
education service district that receives a report as provided by
subsection (1) of this section shall transmit to the
Superintendent of Public Instruction:
  (a) A copy of the report; and
  (b) A summary of the findings and recommendations of the
district, as based on the report.
  (4) If the superintendent determines that a program participant
is not complying with the requirements of the agreement entered
into as provided by section 4 of this 2010 Act, the
superintendent may withhold the additional funding from the
program participant. Prior to withholding funding, the
superintendent must notify the program participant of any
deficiencies and provide the program participant an opportunity
to comply with the requirements of the agreement. + }
  SECTION 6.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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