37-18-7 - Professional development plan for educators identified as needing improvement; sanctions.
§ 37-18-7. Professional development plan for educators identified as needing improvement; sanctions.
(1) As part of the school improvement plan for a School At-Risk, a professional development plan shall be prepared for those school administrators, teachers or other employees who are identified by the evaluation team as needing improvement. The State Department of Education shall assist the School At-Risk in identifying funds necessary to fully implement the school improvement plan.
(2) (a) If a principal is deemed to be in need of improvement by the evaluation team, a professional development plan shall be developed for the principal, and the principal's full participation in the professional development plan shall be a condition of continued employment. The plan shall provide professional training in the roles and behaviors of an instructional leader and shall offer training specifically identified for that principal's needs. The principal of a School At-Risk may be assigned mentors who have demonstrated expertise as an exemplary-performing principal. Mentors shall make a personal time commitment to this process and may not be evaluators of the principals being mentored. The local school administration shall continue to monitor and evaluate all school personnel during this period, evaluate their professional development plans and make personnel decisions as appropriate.
(b) At the end of the second year, if a school continues to be a School At-Risk and a principal has been at that school for three (3) or more years, the administration shall recommend and the local school board shall dismiss the principal in a manner consistent with Section 37-9-59, and the State Board of Education may initiate the school district conservatorship process authorized under Section 37-17-6. If extenuating circumstances exist, such as the assignment of a principal at a School At-Risk for less than two (2) years, other options may be considered, subject to approval by the State Board of Education.
(3) (a) If a teacher is deemed to be in need of professional development by the independent evaluation team, that teacher shall be required to participate in a professional development plan. This plan will provide professional training and will be based on each teacher's specific needs and teaching assignments. The teacher's full participation in the professional development plan shall be required. This process shall be followed by a performance-based evaluation, which shall monitor the teacher's teaching skills and teaching behavior over a period of time. This monitoring shall include announced and unannounced reviews. Additionally, the teacher also may be assigned a mentor who has demonstrated expertise as a high-performing teacher.
(b) If, after one (1) year, the teacher fails to perform, the local school administration shall reevaluate the teacher's professional development plan, make any necessary adjustments to it, and require his participation in the plan for a second year.
(c) If, after the second year, the teacher fails to perform, the administration shall recommend and the local school shall dismiss the teacher in a manner consistent with Section 37-9-59.
(4) (a) If the evaluation report reveals a school district central office problem, a superintendent of the school district having a School At-Risk shall be required to participate in a professional development plan. Additionally, the superintendent may be assigned mentors who are high-performing superintendents and have demonstrated expertise and knowledge of high-performing schools. The local school board will continue to evaluate the performance of the superintendent and his participation in a professional development plan, making appropriate revisions to the plan as needed.
(b) If a school continues to be a School At-Risk after a second year, the local school board may take one (1) of the following actions:
(i) Impose a cap on the superintendent's salary; or
(ii) Make any necessary adjustments to his professional development plan and require his continued participation in a plan.
(c) If a school continues to be designated a School At-Risk after three (3) years of implementing a school improvement plan the State Board of Education shall, or if more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year the State Board of Education may, issue a written request with documentation to the Governor asking that the office of the superintendent of such school district be subject to recall. Whenever the Governor declares that the office of the superintendent of such school district is subject to recall, the local school board or the county election commission, as the case may be, shall take the following action:
(i) If the office of superintendent is an elected office, in those years in which there is no general election, the name shall be submitted by the State Board of Education to the county election commission, and the county election commission shall submit the question at a special election to the voters eligible to vote for the office of superintendent within the county and such special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Shall County Superintendent of Education ________ (here the name of the superintendent shall be inserted) of the ________ (here the title of the school district shall be inserted) be retained in office? Yes ________ No ________ "
If a majority of those voting on the question votes against retaining the superintendent in office, a vacancy shall exist which shall be filled in the manner provided by law; otherwise, the superintendent shall remain in office for the term of such office, and at the expiration of such term shall be eligible for qualification and election to another term or terms.
(ii) If the office of superintendent is an appointive office, the name of the superintendent shall be submitted by the president of the local school board at the next regular meeting of the school board for retention in office or dismissal from office. If a majority of the school board voting on the question vote against retaining the superintendent in office, a vacancy shall exist which shall be filled as provided by law, otherwise, the superintendent shall remain in office for the duration of his employment contract.
(5) In the event a school continues to be designated a School At-Risk after three (3) years of implementing a school improvement plan the State Board of Education shall, or in the event that more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year the State Board of Education may, issue a written request with documentation to the Governor that the membership of the school board of such school district shall be subject to recall. Whenever the Governor declares that the membership of the school board shall be subject to recall, the county election commission or the local governing authorities, as the case may be, shall take the following action:
(a) If the members of the local school board are elected to office, in those years in which the specific member's office is not up for election, the name of the school board member shall be submitted by the State Board of Education to the county election commission, and the county election commission at a special election shall submit the question to the voters eligible to vote for the particular member's office within the county or school district, as the case may be, and such special election shall be held within sixty (60) days from notification by the State Board of Education. The ballot shall read substantially as follows:
"Members of the ________ (here the title of the school district shall be inserted) School Board who are not up for election this year are subject to recall because of the school district's continued designation as a School At-Risk. Shall the member of the school board representing this area, ________ (here the name of the school board member holding the office shall be inserted), be retained in office? Yes ________ No ________ "
If a majority of those voting on the question vote against retaining the member of the school board in office, a vacancy in that board member's office shall exist which shall be filled in the manner provided by law; otherwise, the school board member shall remain in office for the term of such office, and at the expiration of the term of office, the member shall be eligible for qualification and election to another term or terms of office. However, if a majority of the school board members are recalled in the special election, the Governor shall authorize the board of supervisors of the county in which the school district is situated to appoint members to fill the offices of the members recalled. The board of supervisors shall make such appointments in the manner provided by law for filling vacancies on the school board, and the appointed members shall serve until the office is filled at the next regular special election or general election.
(b) If the local school board is an appointed school board, the name of all school board members shall be submitted as a collective board by the president of the municipal or county governing authority, as the case may be, at the next regular meeting of the governing authority for retention in office or dismissal from office. If a majority of the governing authority voting on the question vote against retaining the board in office, a vacancy shall exist in each school board member's office, which shall be filled as provided by law; otherwise, the members of the appointed school board shall remain in office for the duration of their term of appointment, and such members may be reappointed.
(c) If the local school board is comprised of both elected and appointed members, the elected members shall be subject to recall in the manner provided in paragraph (a) of this subsection. Appointed members shall be subject to recall in the manner provided in paragraph (b).
(6) In the event a school continues to be designated a School At-Risk after three (3) years of implementing a school improvement plan, or in the event that more than fifty percent (50%) of the schools within the school district are designated as Schools At-Risk in any one (1) year, the State Board of Education may request that the Governor declare a state of emergency in that school district. Upon the declaration of the state of emergency by the Governor, the State Board of Education may take all such action for dealing with school districts as is authorized under subsection (11) or (14) of Section 37-17-6, including the appointment of an interim conservator.
(7) The State Department of Education shall make a semiannual report to the State Board of Education identifying the number and names of schools classified as Schools At-Risk, which shall include a description of the deficiencies identified and the actions recommended and implemented. The department shall also notify the State Board of Education of any School At-Risk which has successfully completed their improvement plans and shall notify the Governor and the Legislature of such school's progress.
(8) The State Board of Education shall direct and provide comprehensive staff development training for school administrators and teachers on the new requirements of this chapter. Any new assessment instruments to be used in conjunction with any evaluation required by this chapter shall be made available for review by teachers, administrators and other staff. Prior to evaluation of individual teachers, administrators and other staff pre-evaluation interviews will be conducted. Likewise, after any evaluation is complete, post-evaluation interviews will be conducted. During such post-interviews, evaluators shall identify and discuss the following: teaching techniques used, teaching strengths and weaknesses and an overall assessment of performance.
(9) No later than July 1 of each year the State Board of Education shall report to the State Legislature and the public at large:
(a) An itemized accounting of the use of state funds to provide technical, legal and financial assistance to each School At-Risk, and to such schools which had been designated as Schools At-Risk within the previous three (3) years, if such schools received such assistance at any time during the previous three (3) years;
(b) An explanation of the problems sought to be addressed in each such school receiving this assistance and for which such expenditure of funds was undertaken;
(c) The actions taken in each school district to utilize the funds to address the problems identified in paragraph (b) immediately above;
(d) An evaluation of the impact of the effort to address the problems identified;
(e) An assessment of what further actions need to be undertaken to address these problems, if such problems have not been entirely alleviated; and
(f) An assessment of the impact which Chapter 421, Laws of 1999, and Chapter 610, Laws of 2000, are having on the educational goals which these statutes sought to address.
Sources: Laws, 2000, ch. 533, § 4; Laws, 2000, ch. 610, §§ 4, 7; Laws, 2007, ch. 518, § 3; Laws, 2008, ch. 462, § 4, eff from and after July 1, 2008.