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173242-1 : n : 01/28/2016 : KMS / th LRS2016-295

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SYNOPSIS:

Under existing law, the Students First Act

of 2011 provides a process for public K-12 school
teachers to attain tenure.
This bill would create the Rewarding

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Advancement in Instruction and Student Excellence

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(RAISE) Act of 2016.

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This bill would provide a procedure for

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observing and evaluating teachers, principals, and

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assistant principals on performance and student

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achievement.

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This bill would make an appropriation of

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$10,000,000 from the Education Trust Fund to the

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Legislative School Performance Recognition Program,

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for the fiscal year ending September 30, 2017, to

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fund rewards earned by schools pursuant to that

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program.

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This bill would increase the number of years

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of service required to attain tenured status

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pursuant to the Students First Act of 2011, as

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amended by this act, under the same governing board

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from three to five consecutive years with three

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consecutive ratings of satisfies expectations,

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exceeds expectations, or significantly exceeds

expectations pursuant to this act.

This bill would authorize a governing board

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to revoke the tenure of any teacher who receives

one or more ratings of below expectations or

significantly below expectations pursuant to this

act.
This bill would establish the Alabama

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Teacher Recruitment Fund and would make an

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appropriation of $5,000,000 from the Education

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Trust Fund to the Alabama Teacher Recruitment Fund

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for the fiscal year ending September 30, 2017.

This bill would also establish the Alabama

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Teacher Mentor Program, to provide continuity in

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the improvement and growth of new teachers, and

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would make an appropriation of $3,000,000 from the

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Education Trust Fund to the Alabama Teacher Mentor

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Program for the fiscal year ending September 30,

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2017.

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Amendment 621 of the Constitution of Alabama

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of 1901, now appearing as Section 111.05 of the

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Official Recompilation of the Constitution of

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Alabama of 1901, as amended, prohibits a general

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law whose purpose or effect would be to require a

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new or increased expenditure of local funds from

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becoming effective with regard to a local

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governmental entity without enactment by a 2/3 vote

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unless: it comes within one of a number of

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specified exceptions; it is approved by the

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affected entity; or the Legislature appropriates

funds, or provides a local source of revenue, to

the entity for the purpose.

The purpose or effect of this bill would be

to require a new or increased expenditure of local

funds within the meaning of the amendment. However,

the bill does not require approval of a local

governmental entity or enactment by a 2/3 vote to

become effective because it comes within one of the

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specified exceptions contained in the amendment.

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A BILL

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TO BE ENTITLED

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AN ACT

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Relating to public education; to create the

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Rewarding Advancement in Instruction and Student Excellence

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(RAISE) Act of 2016; to provide a procedure for observing and

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evaluating teachers, principals, and assistant principals on

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performance and student achievement; to make an appropriation

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of $10,000,000 from the Education Trust Fund to the

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Legislative School Performance Recognition Program, for the

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fiscal year ending September 30, 2017, to fund rewards earned

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by schools pursuant to that program; to amend Section 16-24C-

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4, Code of Alabama 1975, to increase the number of years of

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service required to attain tenured status pursuant to the

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Students First Act of 2011, from three to five consecutive

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years with three consecutive ratings of satisfies

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expectations, exceeds expectations, or significantly exceeds

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expectations; to authorize a governing board to revoke the

tenure of any teacher who receives one or more ratings of

below expectations or significantly below expectations; to

establish the Alabama Teacher Recruitment Fund; to make an

appropriation of $5,000,000 from the Education Trust Fund to

the Alabama Teacher Recruitment Fund, for the fiscal year

ending September 30, 2017; to establish the Alabama Teacher

Mentor Program; to make an appropriation of $3,000,000 from

the Education Trust Fund to the Alabama Teacher Mentor Program

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for the fiscal year ending September 30, 2017; and in

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connection therewith to have as its purpose or effect the

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requirement of a new or increased expenditure of local funds

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within the meaning of Amendment 621 of the Constitution of

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Alabama of 1901, now appearing as Section 111.05 of the

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Official Recompilation of the Constitution of Alabama of 1901,

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as amended.

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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

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Section 1. Sections 1 to 12, inclusive, of this act

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shall be known and may be cited as the Rewarding Advancement

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in Instruction and Student Excellence (RAISE) Act of 2016.

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Section 2. For the purposes of this act, the

following terms shall have the following meanings:
(1) BELOW EXPECTATIONS. A teacher who has received a

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summative performance evaluation rating that falls within the

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second lowest tier of the evaluation system of the employer.

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(2) CHIEF EXECUTIVE OFFICER. The chief

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administrative and executive officer of an entity,

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institution, agency, or political subdivision of the state

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that is subject to this act and includes, without limitation,

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superintendents of city or county boards of education. The

term includes persons serving in such a capacity on an acting

or interim basis under lawful appointment or by operation of

law.

(3) DEPARTMENT. The State Department of Education.

(4) EMPLOYEE. Unless otherwise specified, and as

appropriate to the context, the term includes a teacher whose

employment is subject to this act.

(5) EMPLOYER. The entity, institution, agency, or

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political subdivision of the state by which a teacher who is

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subject to this act is employed. Employers subject to this act

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include all city and county boards of education, all

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educational institutions under the control of the Department

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of Youth Services, and the Alabama Institute for Deaf and

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Blind.
(6) EXCEEDS EXPECTATIONS. A teacher who has received

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a summative performance evaluation rating that falls within

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the second highest tier of the evaluation system of the

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employer.

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(7) GOVERNING BOARD. The body of elected or

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appointed officials that is granted authority by law,

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regulation, or policy to make employment decisions on behalf

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of the employer. If final decision-making authority with

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respect to employment decisions is conferred by law,

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regulation, or duly adopted policy on an official,

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administrator, or organizational unit other than a separate

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governing board, the decision or action of such official,

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administrator, or organizational unit, is that of the

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governing board for purposes of this act, and no additional

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approval of such decision or action shall be required. Under

such circumstances, the official administrator, president, or

organizational unit shall assume and exercise the duties of

the governing board established by this act. For purposes of

this act, the State Board of Education shall not be deemed to

be or authorized to function as the employer or the governing

board of an employer covered by this act.

(8) PROFESSIONAL EDUCATOR'S CERTIFICATE. A

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certificate or license, by whatever name, designation, or

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subclassification known or identified, issued by the State

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Department of Education, and that must be maintained by the

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teacher in order to be employed as a teacher in the county and

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city schools of this state. A professional educator's

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certificate does not include certificates or licenses that are

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issued to instructional aides or assistants, to substitute

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teachers, or to operations staff, or other employees whose job

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duties do not require or entail the instruction of students or

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the regular supervision of or interaction with employees with

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such job duties.

(9) SATISFIES EXPECTATIONS. A teacher who has

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received a summative performance evaluation rating that falls

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within the middle tier of the evaluation system of the

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employer.

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(10) SCHOOL YEAR. The period beginning with the

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first day of the annual school term and ending with the last

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day of the annual school term on which classroom instructors

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are required to report for duty, as established by the

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governing board.

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(11) SIGNIFICANTLY BELOW EXPECTATIONS. A teacher who

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has received a summative performance evaluation rating that

falls within the lowest tier of the evaluation system of the

employer.

(12) SIGNIFICANTLY EXCEEDS EXPECTATIONS. A teacher

who has received a summative performance evaluation rating

that falls within the highest or top tier of the evaluation

system of the employer.

(13) STUDENT ACHIEVEMENT GROWTH. The change in

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achievement for an individual student between two or more

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points in time, based on standards-based measures that are

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valid, rigorous, and comparable across classrooms of similar

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content, levels, and status as a state assessed or nonstate

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assessed subject.

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(14) STUDENT GROWTH MODEL. A statistical growth

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model used to isolate the effect and impact of a teacher on

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student learning, controlling for preexisting characteristics

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of a student including, but not limited to, prior achievement.

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(15) SUPPORT PERSONNEL. Janitors or custodians, bus

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drivers, lunchroom or cafeteria workers, secretaries, clerks,

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clerical assistants, maintenance workers, or other

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noncertificated employees.

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(16) TEACHER. All employees of entities that are

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covered by this act who are required by law, regulation, or

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employer policy to maintain a professional educator's

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certificate issued by the State Department of Education and

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who are employed by a city or county board of education, the

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Alabama Institute for Deaf and Blind, or educational and

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correctional institutions under the control of the Department

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of Youth Services. The term also includes principals who had

attained tenure under prior law, contract principals, and

assistant principals under subsection (h) of Section 16-24B-3,

Code of Alabama 1975. The term also includes Teach for

America, and other alternatively certified teachers, but does

not include a substitute teacher, an employer's chief

executive officer, or chief school financial officer, whether

or not certification is required for those positions by law or

policy. If a contract principal holds a contract on the

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effective date of this act that does not allow for an annual

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evaluation, the contract principal may not be subject to an

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annual evaluation until he or she enters into a new contract.

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All principal contracts executed after the effective date of

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this act shall include an annual evaluation requirement based

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on this act.

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(17) TENURE. Continuing service status granted to

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teachers under the Students First Act of 2011 and the Students

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First Act of 2011, as amended by this act.

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Section 3. (a) Beginning with the 2017-2018 school

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year, every teacher employed by a governing board shall be

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formally evaluated annually pursuant to this act.

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(b) The department, by rule, shall develop a model

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evaluation system for use by governing boards in evaluating

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the effectiveness of teachers and teachers serving as

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principals or assistant principals. A governing board may

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elect to use the evaluation system developed by the department

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or may develop and use a local evaluation system developed by

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the governing board pursuant to parameters established by the

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department in the model evaluation system. A local evaluation

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system as developed by a governing board shall be approved by

the department before use by the governing board. Until

approval is obtained, a governing board shall utilize the

model evaluation system developed by the department.

Section 4. (a) The model evaluation system developed

by the department pursuant to this act shall define the

elements of evaluation and standards for effectiveness for

teachers providing classroom instruction at the K-12 level.

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(b) At a minimum, an evaluation system shall require

annual evaluations that contain all of the following:
(1) At least two observations per school year. One

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observation shall be conducted by the school principal,

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assistant principal, or his or her designee. An observation

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shall be aligned to a clear, consistent rubric provided to the

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teacher before the beginning of the school year that assesses

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teacher performance as it relates to evidence-based

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instructional practices that promote student achievement. An

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observation may be announced or unannounced, and shall be of

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sufficient duration to provide meaningful data. At least one

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observation shall last the duration of one complete classroom

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lesson. All observations shall be conducted by evaluators who

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have a full understanding of the evaluation system and its

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expectations for teachers and evaluators. No person shall be

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responsible for the evaluation of personnel unless the person

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has received education and training in evaluation skills

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approved by the department that enable him or her to make

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fair, professional, and credible evaluations of the personnel

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whom he or she is responsible for evaluating. Classroom

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observations shall comprise from 20 to 40 percent of the total

year-end teacher evaluation score.

(2) A measure of student achievement growth as

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follows:
a.1. For teachers of any state assessed subject

areas, evidence of student achievement growth using a student

growth model as determined by the department for grade levels

and subjects for which student state assessment data is

available. For purposes of calculating the student growth

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model, the department shall use student performance on the ACT

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Aspire examination, American College Test (ACT), or other

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examination approved by the department that measures student

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achievement, if applicable, or a successor examination adopted

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and used by the department to measure student academic

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performance and achievement.

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2. The department shall work in conjunction with a

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third party vendor, selected by the department pursuant to a

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request for proposal process established by rule of the

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department, that specializes in the development and

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implementation of student growth models for purposes of

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complying with this section.

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3. The department may include additional

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examinations as evidence of student achievement growth

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provided that the data from those examinations is compatible

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with the student growth model selected by the department.

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4. Based on the availability of individual student

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achievement growth data, from 35 to 50 percent of year-end

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teacher evaluation scores shall be based on evidence of

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student achievement growth as measured by the student growth

model as defined in this section.

b. For teachers of any nonstate assessed subject

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areas, evidence of student achievement growth shall be based

on any number of measures from the department developed list

of preapproved options for governing boards to utilize to

measure student achievement growth. Based on the availability

of individual student achievement growth data, from 35 to 50

percent of year-end teacher evaluation scores shall be based

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on evidence of student achievement growth as defined in this

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paragraph.

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c. The measure of student achievement growth shall

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be based on at least three years of student performance data,

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if available. If student growth and assessment data are not

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available for a teacher for at least three consecutive school

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years, the annual year-end evaluation shall be based on all

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student growth and assessment data available for the teacher.

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(3) Student surveys. In grades three to 12,

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inclusive, five to 10 percent of the total year-end teacher

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evaluation score shall be comprised of student surveys.

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(4) Additional measures of performance correlated

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with impacts on student achievement results or, for a teacher

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in the first two years of his or her career, best practices of

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teaching and learning for engaging and motivating students to

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excel academically. Additional measures of performance shall

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comprise the remaining percentage of total year-end teacher

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evaluation scores.

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(5) Methods of feedback from evaluators during a

post-observation conference that allow a teacher meaningful
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opportunity to improve his or her effectiveness and receive

recommendations on targeted professional development, as

needed.

(c) Individual schools demonstrating incremental

student growth shall be eligible to participate in a rewards

to school initiative, with funds appropriated by the

Legislature going to the schools according to rules adopted by

the department. The rewards program shall utilize the

Legislative School Performance Recognition Program established

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in Chapter 6C of Title 16 of the Code of Alabama 1975. The sum

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of ten million dollars ($10,000,000) is appropriated from the

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Education Trust Fund to the State Department of Education, for

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the purpose of funding the required rewards, for the fiscal

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year ending September 30, 2017.

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Section 5. (a) The model evaluation system for

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teachers serving as principals or assistant principals

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developed by the department pursuant to this act shall define

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the elements of evaluation and standards for effectiveness for

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teachers serving as principals or assistant principals at the

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K-12 level.

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(b) At a minimum, an evaluation system shall require

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annual evaluations that contain all of the following elements:

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(1) Multiple fair, transparent, timely, rigorous,

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and valid standards of quality leadership and performance as

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determined by the department, including a professional growth

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plan developed by each principal or assistant principal

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collaborating with his or her evaluator or evaluators at the

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beginning of each evaluation period. The growth plan shall be

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designed to assist each principal or assistant principal in

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satisfying the standards for effectiveness, effectively

addressing the needs of students, classroom teachers, and

staff, and building and maintaining a school environment that

is conducive to continuous learning. Each growth plan shall

include a statement of the professional development objectives

of the principal or assistant principal as well as the

strategies the principal or assistant principal intends to

employ toward the achievement of each objective.

a. These shall include, but not be limited to:

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1. Standards for demonstrating all of the following:

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(i) Strategic and managerial leadership,

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specifically as it relates to finance, space, and legal

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compliance.

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(ii) Instructional leadership.

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(iii) School culture and equity leadership.

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(iv) External leadership development related to

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family and community outreach.

2. Achievement and academic growth for students
enrolled in the applicable school.
(2) Thirty-five to 50 percent of principal and

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assistant principal evaluations shall be based on evidence of

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growth in student achievement using a student growth model as

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determined by the department for grade levels and subjects for

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which student state assessment data is available.

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Section 6. (a) Teachers shall be given written

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notice at a pre-evaluation conference before the beginning of

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the school year or upon his or her employment, as applicable,

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of the measures and any specific indicators that may be used

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to evaluate his or her performance.

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(b) Based upon his or her year-end evaluation

scores, each teacher shall be rated annually on his or her

effectiveness. The levels of effectiveness, as defined by rule

of the department, are as follows:

(1) Significantly below expectations.

(2) Below expectations.

(3) Satisfies expectations.

(4) Exceeds expectations.

(5) Significantly exceeds expectations.

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(c) Pending the promulgation of rules by the

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department defining each level of effectiveness, the

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applicable governing board may establish and implement

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temporary definitions for each level.

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Section 7. If the governing board determines that a

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reduction in force is necessary, the most significant factor

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in the decision to suspend or terminate the employment of a

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teacher shall be the overall performance of the teacher on the

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annual evaluation system adopted by the governing board

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pursuant to this act.

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Section 8. Before the beginning of the 2017-18

school year, the department shall do all of the following:
(1) Develop, implement, and publicly disseminate a

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statewide student growth model for determining student growth

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on assessments for purposes of teacher evaluations in order to

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standardize student academic growth measures and ensure

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teachers are measured according to the value they add to

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student growth in the classroom or school, for teachers

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serving as principals or assistant principals. The department

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shall work with the Alabama Longitudinal Data System Center

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created by an act of the Legislature during the 2016 Regular

Session. Nothing in this subdivision shall be construed to

usurp or diminish the authority of the department in

administering and implementing this act.

(2) Provide technical assistance to governing boards

in developing and implementing an evaluation system, including

providing or helping to develop training for evaluators.

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(3) Develop, pursuant to this act, a model default

evaluation system as follows:
a. The default evaluation system shall be used by

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all governing boards, unless the department authorizes the

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local governing board to utilize a local evaluation system

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approved by the department pursuant to Section 3.

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b. A governing board that uses the state default

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evaluation system may revise or adapt policies or processes in

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the system to the extent consistent with this act and rules

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promulgated by the department.

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(4) Provide or approve evaluation forms to be used

in evaluations.
(5) Provide to the longitudinal data system links

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between individual teacher evaluations and personnel data;

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data on the number of teachers rated at each performance level

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by school; data for teacher preparation programs in the state;

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and achievement data for individual students. The department

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shall annually report this data on the department website.

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(6) Monitor evaluation systems established and

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implemented by governing boards to ensure that evaluation

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outcomes are consistent in the aggregate with student

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achievement results at the school level and school district

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level, as applicable; and that the evaluation system satisfies

the requirements of this act and rules promulgated by the

department; and direct any appropriate corrective actions.

Section 9. The governing board shall do all of the

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following:
(1) Ensure that teachers and teachers serving as

principals or assistant principals are offered professional

development to continually improve instruction and student

achievement. Professional development shall be targeted for

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the needs of each teacher pursuant to his or her evaluation

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results, observations, and conferences.

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(2) Use the default evaluation system for teachers

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unless the governing board opts out and develops its own

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evaluation system. A governing board may opt out of the

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default system, if the governing board chooses to develop its

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own system. If a governing board chooses to opt out, the

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evaluation system developed by the governing board shall

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continue to be subject to the percentage and definition

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requirements of this act and approval by the department.

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(3) Collect and publicly report data via its website

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on the number of teachers at each effectiveness level by

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school and school system. The governing board shall only

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publish data that complies, in whole and in part, with state

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and federal privacy laws.

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(4) Monitor evaluation system implementation at the

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school level to ensure that evaluation outcomes are consistent

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in the aggregate with student achievement results at the

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school level or school district level, as applicable; monitor

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that the evaluation system satisfies the requirements of this

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act, whether or not the evaluation system utilized by the

governing board is the opt out evaluation system or the

default evaluation system; implement rules promulgated by the

department; and direct any appropriate corrective action.

Section 10. (a) Evaluation results shall also be

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used to provide high quality, job-embedded, and ongoing

mentoring, support, and professional development for teachers,

as appropriate, aligned to the needs of the teacher as

identified in his or her annual evaluation.

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(b) Any teacher who receives a summative performance

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evaluation rating of below expectations or significantly below

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expectations for his or her annual evaluation shall be

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provided a professional development reimbursement for the year

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after the evaluation.

(1) Each teacher shall pursue professional

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development that specifically aligns with the recommendations

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provided in his or her annual evaluation.

(2) Each teacher who receives a summative

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performance evaluation rating of below expectations or

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significantly below expectations shall receive reimbursement

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from the governing board for the cost of the professional

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development, not to exceed five hundred dollars ($500).

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Reimbursement shall be provided by the department after the

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governing board certifies to the department evidence of

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successful completion of professional development by the

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teacher.

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Section 11. (a) On or before the beginning of each

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school year, the governing board shall distribute to each

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employee a summary of the Educators Liability Trust Fund, as

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provided in Section 16-22-4.1, Code of Alabama 1975, and a

summary of Section 36-1-12, Code of Alabama 1975, relating to

teacher immunity.

(b) The Department of Finance shall annually prepare

and provide to the department, and the department shall

distribute to each governing board, sufficient copies of the

summary for distribution to employees. The summary shall

include all of the following:

(1) A statement that the Educators Liability Trust

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Fund provides sufficient coverage in the event a claim is made

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or a suit is filed against an employee based on the

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performance of his or her job duties.

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(2) A statement of the policy limits.

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(3) A statement relating to teacher immunity under

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Section 36-1-12, Code of Alabama 1975.

(4) Any other information determined by the

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department to be necessary to inform employees of the purpose

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and benefits of the Educators Liability Trust Fund.

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Section 12. Nonprobationary status is not available

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for support personnel or a classified employee hired for the

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first time to a position in a school or school district after

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January 1, 2017.

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Section 13. Section 16-24C-4 of the Code of Alabama

1975, is amended to read as follows:

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"16-24C-4.

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"(a) No action may be proposed or approved based

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upon personal or political reasons on the part of the

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employer, chief executive officer, or governing board. A

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teacher shall attain tenure, and a classified employee shall

attain nonprobationary status as follows:

"(1)a. Except as otherwise provided by Section 16-

23-3, a teacher who is hired before January 1, 2017, who is

not an employee of a two-year educational institution operated

under the authority and control of the Department of

Postsecondary Education Alabama Community College System,

shall attain tenure upon the completion of three complete,

consecutive school years of full-time employment as a teacher

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with the same employer unless the governing board approves and

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issues written notice of termination to the teacher on or

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before the last day of the teacher's third consecutive,

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complete school year of employment. For purposes of this

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chapter, a probationary teacher whose employment or

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reemployment is effective prior to October 1 of the school

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year and who completes the school year shall be deemed to have

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served a complete school year. A teacher employed by a two-

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year educational institution operated under the authority and

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control of the Department of Postsecondary Education Alabama

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Community College System shall attain tenured status upon the

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completion of six consecutive semesters, excluding summer

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terms, at the same two-year institution, unless the president

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issues notice of termination to the teacher on or before 15

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days prior to the end of the sixth consecutive semester of

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employment, excluding summer terms. No probationary teacher

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employed by a two-year educational institution operated under

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the authority and control of the Department of Postsecondary

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Education Alabama Community College System shall attain tenure

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during or at the completion of a summer term. For teachers who

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are required to hold a professional educator's certificate,

time in service without such a certificate shall not be

credited toward the attainment of tenure.

"b. Except as otherwise provided by Section 16-23-3,

a teacher who is hired on or after January 1, 2017, who is not

an employee of a two-year educational institution operated

under the authority and control of the Alabama Community

College System, shall attain tenure upon the completion of

five or more complete, consecutive school years of full-time

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employment as a teacher with the same employer if the teacher

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receives three consecutive ratings of satisfies expectations,

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exceeds expectations, or significantly exceeds expectations

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pursuant to the RAISE Act of 2016. Before tenure is attained,

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a governing board may approve and issue written notice of

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termination to the teacher on or before the last day of any

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school year of employment. Once attained, tenure shall be

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revoked by the governing board if a teacher receives two

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consecutive ratings of below expectations or significantly

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below expectations pursuant to the RAISE Act of 2016. In the

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event tenure is revoked, a teacher may again attain tenure

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upon earning three consecutive ratings of satisfies

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expectations, exceeds expectations, or significantly exceeds

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expectations pursuant to the RAISE Act of 2016.

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"c. For purposes of this chapter, a probationary

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teacher whose employment or reemployment is effective prior to

26

October 1 of the school year and who completes the school year

27

shall be deemed to have served a complete school year.

28
29

"(2) A probationary classified employee who is not

an employee of a two-year educational institution operated
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under the authority and control of the Department of

Postsecondary Education Alabama Community College System

attains nonprobationary status upon the completion of three

five complete, consecutive school years of full-time

employment with the same employer unless the governing body of

the employer approves and issues written notice of termination

to the employee on or before the fifteenth day of June

immediately following the employee's third fifth consecutive

complete school year of employment. In the first year of each

10

legislative quadrennium, the written notice shall be provided

11

on or before June 30. For purposes of this chapter, a

12

probationary classified employee whose employment or

13

reemployment is effective prior to October 1 of the school

14

year and who completes the school year shall be deemed to have

15

served a complete school year. A probationary classified

16

employee of a two-year educational institution operated under

17

the authority and control of the Department of Postsecondary

18

Education Alabama Community College System shall attain

19

nonprobationary status upon the completion of 36 consecutive

20

months of employment at the same two-year institution, unless

21

the president issues notice of termination to the classified

22

employee on or before 15 days prior to the end of the thirty-

23

sixth month of employment.

24

"(3) All of the following additional terms,

25

conditions, and limitations apply to the attainment and

26

retention of tenure or nonprobationary status:

27

"a. Only complete school years of service as defined

28

in this chapter, including any leave that is credited to the

29

employee for such purposes under board policy or applicable

Page 21

law, may be credited to the attainment of tenure or

nonprobationary status.
"b. Neither tenure nor nonprobationary status may be

3
4

attained as a chief executive officer, a chief school

financial officer, as a president or vice president of a two-

year educational institution operated under the authority and

control of the Department of Postsecondary Education Alabama

Community College System, or in or by virtue of employment in

temporary, part-time, substitute, summer school, occasional,

10

seasonal, supplemental, irregular, or like forms of

11

employment, or in positions that are created to serve

12

experimental, pilot, temporary, or like special programs,

13

projects, or purposes, the funding and duration of which are

14

finite.
"c. Except as expressly provided to the contrary

15
16

elsewhere in this chapter, neither tenure nor nonprobationary

17

status in this chapter creates or confers any enforceable

18

right or protected interest in or to a specific position,

19

rank, work site or location, assignment, title, or rate of

20

compensation within those categories of employment.

"d. Service performed as a teacher may not be

21
22

converted to, recognized, or otherwise credited to the

23

employee for the purpose of attaining nonprobationary status

24

as a classified employee. Service performed in the capacity of

25

a classified employee may not be converted to, recognized, or

26

otherwise credited to the employee for the purpose of

27

attaining tenure as a teacher, whether or not the classified

28

employee holds a certificate issued by the State Department of

29

Education.
Page 22

"e. Neither tenured status nor time in probationary

1
2

service shall be transferable from one employer subject to

this chapter to another such employer, except that employees

whose employer changes by virtue of annexation, school

district formation, consolidation, or a similar reorganization

over which the employee has no control shall retain tenure or

nonprobationary status and service credit attained by virtue

of employment with the predecessor employer."

Section 14. (a) The Alabama Teacher Recruitment Fund

9
10

is established.
(b) A teacher who works in one of the following may

11
12

be eligible for a bonus of not more than the equivalent of a

13

one-step increase on the State Minimum Salary Schedule before

14

the beginning of the next school year upon approval by the

15

local employing board and the State Superintendent of

16

Education:
(1) A failing school that is included in the bottom

17
18

six percent of failing schools as defined by the Alabama

19

Accountability Act of 2013.

(2) A school that has 80 percent or more of the

20
21

student population of the school receiving free or reduced

22

lunch.
(3) A school that is in restructuring or

23
24

reconstitution status, as determined and reported by the State

25

Department of Education.
(4) A school or school system that is geographically

26
27

unable to provide adequate staff, based on documentation

28

provided by the governing board to the State Superintendent of

29

Education.
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1
2
3

(c) The bonus may be provided if the teacher

satisfies any of the following:
(1) Teaches a subject that is in critical shortage

as defined by the local school system and approval by the

department.

(2) Is a career technical or special education

teacher and the job position or opening has been pending for

longer than six months.

(3) Is a new teacher or has received a minimum

10

rating of satisfies expectations on his or her most recent

11

evaluation pursuant to the RAISE Act of 2016.

12

(d) If the teacher fills a position during the

13

school year, the amount of the bonus shall be prorated based

14

on the actual number of days worked during that school year.

15

(e) By June 30 of each year, the State Department of

16

Education shall submit a report to the Speaker of the House of

17

Representatives, the President Pro Tempore of the Senate, the

18

Chair of the House Ways and Means, Education Committee, and

19

the Chair of the Senate Finance and Taxation, Education

20

Committee listing the schools, number of teachers per school,

21

amount of each bonus, and the subject each teacher teaches

22

utilizing the Alabama Teacher Recruitment Fund from the

23

previous school year.

24

(f) The State Superintendent of Education may

25

decrease the amount of any bonus contingent on factors

26

including, but not limited to, demand, number of schools

27

requesting bonuses, and geographical distribution.

28
29

(g) The sum of five million dollars ($5,000,000) is

appropriated from the Education Trust Fund to the Alabama
Page 24

Teacher Recruitment Fund, for the fiscal year ending September

30, 2017. Any leftover funds shall revert to the Foundation

Program.
Section 15. (a) There is established the Alabama

4
5

Teacher Mentor Program.

(b) The purpose of the mentor program is to provide

6
7

for the continuous improvement and growth of new teachers. The

program, as developed by rule of the department, shall have

all of the following:

(1) Goals that reflect local needs and are aligned

10
11

with the goals of the local school district and the state.
(2) Clearly defined roles and responsibilities for

12
13

mentor teachers.
(3) The requirement of year-end reporting by the

14
15

mentor teacher to the principal relating to the progress of

16

the new teacher.

(4) The requirement of at least two meetings per

17
18

month of the mentor teacher and the first year teacher during

19

the school year.

(c) At the beginning of each school year, each

20
21

teacher who is beginning his or her first year of teaching in

22

the public schools of the state shall be assigned a mentor

23

teacher.

24

(d) A mentor teacher shall be identified and

25

recommended by the school principal, should have at least 10

26

years of teaching experience, and shall be compensated in an

27

amount of no more than one thousand dollars ($1,000) for the

28

year by the governing board for his or her services as a

29

mentor. Any compensation provided a mentor teacher pursuant to

Page 25

this section shall be in accordance with all applicable local,

state, and federal law.

(e) The sum of three million dollars ($3,000,000) is

3
4

appropriated from the Education Trust Fund to the Alabama

Teacher Mentor Program, for the fiscal year ending September

30, 2017. Any leftover funds shall revert to the Foundation

Program.

8
9

Section 16. Although this bill would have as its

purpose or effect the requirement of a new or increased

10

expenditure of local funds, the bill is excluded from further

11

requirements and application under Amendment 621, now

12

appearing as Section 111.05 of the Official Recompilation of

13

the Constitution of Alabama of 1901, as amended, because the

14

bill addresses compensation, benefits, or due process of an

15
16
17
18

employee of a board of education.

Section 17. This act shall become effective
immediately following its passage and approval by the
Governor, or its otherwise becoming law.

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